Legal Question in Intellectual Property in California
Infringement of copyright
I could not locate the exact category. Hope this is o.k.
An extremely popular publisher of many many books in a series obtained, without my permission, something I published in another magazine many years ago. When I found out about it I contacted them and after some back and forth settled for $3,000. with the understanding that my piece would not appear in any future publications. End of story. Or so I thought. A couple of weeks ago I was informed by a friend that that same piece of writing is appearing in one of their new publications under the heading of ''100 Best...''. I contacted them again and was assured I would be compensated. I asked for the same amount again plus $500.00 for the taxes that threw me into a higher bracket.
Since then I have not heard from them and a second email brought no response. One of the most important aspects of the initial event was that I do not appear in their publications since I don't respect them. This was very important to me and it is important to me still--more so!
What can I do? I am retired and have limited finances so hiring expensive legal aid is out of the question.
I appreciate your response.
--name removed--Wiegand
2 Answers from Attorneys
Re: Infringement of copyright
I disagree with Mr. Whipple, because you state that you "had an understanding," but do not state the specifics. In other words, was something put in writing? Was there any fine print attached to the paperwork when you cashed the $3000 check? Can the publisher substantially argue that the $3000 payment included the right to publish your work in a future issue? I bet it can. In any event, the amounts in question are such that you should be able to file a small claims complaint and seek damages without engaging an attorney. The biggest problem you will have is establishing venue, but the Secretary of State will assist if the defendant is an out of state Corporation. The issue of the higher tax bracket is totally irrelevant. You should have considered tax consequences before you agreed to settle for $3000.
Re: Infringement of copyright
I had the same Zip for many years and am still not far away. If you contact me directly with details I may be able to point you in the right direction. Among other things, I think if the infringement is deliberate and flagrant you might be entitled to recover attorney fees and/or collect punitive damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
