Legal Question in Intellectual Property in Georgia

copyright question

Hello.

I have a question about copyright law as it pertains to technical drawings. I know that working as an ind. contractor (for hire) on drawings for a company translates those copyrights to the company. But what if the company RECEIVES but does not PAY FOR those drawings?

I have a disclaimer on my invoices to the company(s) thus: ''Payments received 30 days or later than billed invoice date shall result in revocation of the right to utilize such drawing until such payment is received, and will also result in the stoppage of work on any current drawings scheduled for delivery. Acceptance of current work billed above is agreement to these terms.''

Is this sufficient? Even though they are sent and received, what protections and/or rights do I have for non-payment? (I assume they are my property until paid for.) What proof is needed? Do I push the issue after 30+ days? What if they use them anyway? Can I demand them back, considering they're probably distributed on paper and computers all over the company?

All the info I find pertains to music or books, and ASSUMES PAYMENT for works in the term ''for hire''.

Thank you in advance for any info you could give.


Asked on 8/31/04, 8:10 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: copyright question

A lot of it depends on the contractual terms. If they are using your work improperly, you can demand that they stop using the work and try and get damages for prior distribution. If you would like to discuss your situation further, I would be happy to talk with you - 404-942-3545. Thank you.

Glenn M. Lyon

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Answered on 9/01/04, 9:00 am


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