Legal Question in Intellectual Property in California
Work for Hire & Copyright
If I did graphic design and copy writing
work for a client and they are using my
artwork in their business but are
refusing to pay me for the work, what
recourse do I have in collection and
copyright realms?
3 Answers from Attorneys
Re: Work for Hire & Copyright
I would add that for future gigs, you should have a written contract that spells out the respective rights of the parties (which often avoids disputes) and in the event there is a dispute, dictates how it will be resolved.
Re: Work for Hire & Copyright
You can send a cease and desist letter for the copyright violations along with a formal request that they comply with the terms of your agreement.
If you imagine that this could lead to court action, it's best to have an attorney involved early on (i.e., before the cease & desist).
Re: Work for Hire & Copyright
If you signed a written agreement that made the works "work made for hire" (as implied by your question's title...) then this isn't copyright infringement, it's breach of contract.
You performed your side (right?), and now they've failed to perform theirs (payment)... so...
Take them to court to get paid.
If it's under $7500 you can go to small claims court... otherwise, you probably need a lawyer
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