Legal Question in Business Law in Colorado

I am a free lance Copywriter in Colorado. I contracted with a Realtor in Georgia for sales copy copywriting, and received a 50% deposit to begin the project. All copy was delivered on time per the written agreement between us, and I invoiced the client for the 2nd half of the bill. Although I have not received the final payment (5 months pst due), the Realtor is using my copywriting on his website. Can I file a complaint with the Georgia Real Estate Association regarding his non-payment? Can I file a lien against his Real Estate license in Georgia for the owed amount?


Asked on 8/04/11, 12:30 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can advise as follows. It usually takes a court judgment (or being a licensed contractor) before any kind of lien can be filed. You can certainly complain about his nonpayment, but I don't think you will get anywhere as you're not a client. Who is asserting copyright in the text? How this issue dealt with in your contact (or not, as there are usually default positions when contacts don't deal with specific issues) is a potentially much greater way to get leverage via copyright infringement claim. Also, now is the time to develop a good contract for moving forward, dealing with copyright issues, attorneys fees, and a better payment schedule. Don't wait until you've finished to try and collect 50% or you'll get yourself into the same problem. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/04/11, 12:38 pm


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