Legal Question in Intellectual Property in Nevada

Ok here is my situation�

I was recently invited to Las Vegas, Nevada (by a friend who I have known for the last few years) to be the lead graphic and web designer for an up and coming Club promotion and advertising company (entertainment). For the record I went to Las Vegas during the beginning of June but talks of me being part of the project started during February of that year (5 months before). There were 2 sectors being developed, one in Las Vegas, NV and one on Long Island, NY. They wanted me in Las Vegas. Before I arrived some terms were established and a contract was drafted. There was no pressure for me to sign the contract. Because we were friends I was given the opportunity (time) to allow others to review the contract before agreeing on it but I went against my own design guidelines and started designing for them to meet pressured deadlines. The only reason I agreed to start designing and doing work for this situation, before any contractual agreement was established, is because I knew the people. I never said that this contract was out of negotiation and solidified, because when It came down to it I never signed it, and I�m happy with my choice. Part of the agreement for me uprooting and moving all the way out to Las Vegas (from NY, my native residence) was that my friend said I could live with him, that he would supply food, supply a car with gas, and take care of special needs if they arose. Basically this was to make me comfortable, because when it came down to it, I was not getting paid upfront for anything and I was investing my time, energy, work and the plain fact that I moved across the country for them after turning down many other business offers. Needless to say some personal matters arose in my life and I had to leave Las Vegas after residing there for a month. I was told that If I didn�t return in 8 days ( 1 week plus 1 day for travel ) that my �pay� was going to be docked $240 dollars a day off my proposed salary ( keep in mind I hadn�t made any money yet and I was already being docked on my imaginary salary). In essence I watched the 2 �bosses�, form the verbal employee handbook as they went. Since there was only 3 people in the company, the rules really only applied to and for me. During this 8 day �vacation� as they so called it I was given an opportunity to clear things up in my life, work on other projects that I was promised and told to do, and take a break from this company. During those days I had a chance for people to give me more feedback on the contract. Everyone I spoke to said it wasn�t a safe or fair contract. I told the 2 �bosses� whom constantly played good cop bas cop with me. They felt like they were offering enough and felt betrayed. The 8 days passed and my issues were not resolved yet and required me to stay at home longer. My pay began to dock according to them. Another issue rose and I was unable to communicate with them for a few days. They didn�t like this and saw it as a direct attack and created an ultimatum. They offered me a lump sum of money for the designs that I created thus far and told me �it was in the best of both of our interests that you not work on the project any longer�. I said OK, that�s fine. I was pleased with the amount they offered considering it was a fraction of fraction of what they originally offered. I knew what my service and design was worth but they did not budge. I said �that�s fine you do not have to use my work but please respect my intellectual property and ideas�. They said � Ok were just going to start from scratch�. I told them I was fine with that, I was not trying to start any type of legal battle because from what I thought they were still friends. After I left Las Vegas, I remembered I left some belongings at my friend�s house. I left an iPhone car charger, an insurance letter, and a notebook with all of my sketches and ideas in. I asked them to mail it to me and take note of the cost and that I would mail them a check for the amount it cost to ship. They didn�t respond for a week and I felt like it was a direct retaliation of my miscommunication that they were offended by due to my personal issue. After trying to contact them on multiple occasions I finally got a hold of them and asked them to remove a design from their website that I had put up for them after they asked me to. They both told me that the image was going to stay up and that they felt after doing me the favor of inviting me out to Las Vegas and �wasting their time and money� they acquired my designs in the process. They told me to speak with their lawyers. So as of right now this is my predicament. I am looking for some advice of what I should do. I don�t physically have a copyright to my work but know that Its legally bound to me automatically. Copyright law has stated that I have 3 months after going public to copyright my material. I have about a month left to do so and I plan on copyrighting my material tomorrow actually. Should and can I sue them for direct and admitted copyright infringement?


Asked on 7/31/11, 7:27 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. You really need to show anything you have, including the design they're using, to a good intellectual property lawyer. You should also realize copyright does not protect designs - that is the province of trademark law, which is entirely different. Same with ideas - not protected by copyright, but by trade secret law or patent law. Consult with a good intellectual property or franchise attorney in your area to review everything and 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 8/01/11, 6:57 am


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