Legal Question in Intellectual Property in Massachusetts

copyright infringement?

i have a client that hired me to design a graphics package for a charity event. the agreement was for $13,500. they have only paid me $4000 with no plan to pay me any more, yet they have used everything i created for them and raised over $3 million for their organization. if they haven't paid me as per our agreement, do they have the right to use anything i created. is this an actionable offense? copyright infringement?


Asked on 6/20/05, 11:05 am

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: copyright infringement?

Yes, it is all kinds of bad things, likely including copyright infringement; you should promptly contact an attorney as you might still be within the "grace period" for copyright registration that would enable you to recover statutory damages plus attorneys' fees. Cannot provide much other advice without seeing the applicable documents.

Best wishes,

LDWG

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Answered on 6/20/05, 11:23 am
Jonathan Marashlian The Helein Law Group, LLLP

Re: copyright infringement?

The answer will likely depend on the specific terms of your agreement/contract with the customer and whether or not a license to use copyrighted material was granted thereby. Regardless of copyright infringement, it appears you have a breach of contract claim against the customer.

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TO ESTABLISH THIS RELATIONSHIP, YOU WILL NEED TO RETAIN US OR ANOTHER LAW FIRM. IF YOU ARE INTERESTED IN OUR ASSISTANCE, WE WILL SEND YOU OUR STANDARD TERMS AND CONDITIONS FOR YOUR REVIEW.

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Answered on 6/20/05, 11:26 am


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