Legal Question in Intellectual Property in California

Re: Ownership Of Data in Contract Relationship

Your question seems to present conflicting facts. First, you say you and the colleague "struck a deal," then you say there was no contract. Striking a deal usually means a bargain enforceable as a contract, even if not set forth in a formal signed writing containing "whereas" and "now therefore" everywhere you look.

Since your relationship appears to be more contractual than that of author and infringer, your remedy is more likely for breach of contract than for copyright infringement; i.e., you seem to have been writing "for hire."

Note that the spectrum of contract law covers agreements in writing, oral agreements, contracts implied in fact (where the conduct of the parties shows a contract-type relationship even though no express oral or written agreement was made), and even what are called "quasi-contracts" or "contracts implied in law" which encompasses situations where a court will treat the parties as though they were in contract in order to prevent unjust enrichment, even though there is neither a written, oral or implied-in-fact contract.

Re: Ownership Of Data in Contract Relationship

Generally speaking, unless there is a written agreement showing that a work is a "work for hire", the creator of a work is the author for copyright purposes. Under current copyright law, ownership of a copyright can only be transferred in writing. So you may indeed have a claim to the written business plan and financials. However, copyright covers only the expression of an idea, not the idea itself, and sometimes even "minor" alterations consistute an entirely different expression of an idea.

From what you say, there may be other facts and circumstances that affect the relationship between you and this other person. I would suggest that you consult with a competent business attorney who has knowledge of intellectual property. Only by hearing all the specifics (and looking at any documents) could an attorney give you useful advice and negotiate on your behalf.

Re: Ownership Of Data in Contract Relationship

Copyright ownership depends on whether you are considered the "author" with full ownership rights, whether you created a "work for hire", or whether you and the other person both own hn,

percentages of the works.

I would need more facts before I could advise you.