Legal Question in Business Law in New York

I did a significant amount of branding and logo work for a client, including naming the company. The client has not paid his bill. I want to send a demand letter but I also am wondering if I can warn him that because of his failure to pay the bill his use of that artwork would result in copyright infringement. Also the use of the name still is under my copyright because it has not been paid for and therefore voids our contract and returns copyright to me. Am I allowed to make these warnings?


Asked on 9/22/10, 6:49 am

2 Answer from Attorneys

You are permitted to send warning and demand letters if you believe that the contract you have has been breached or if your copyrights are violated. You should consider filing for a copyright (you have 90 days after the publication of the work) which would allow you to collect damages in a possible legal action.

Finally you should consider retaining an attorney or a collection agency to act on your behalf as often times if the company hasn't responded to your requests to get paid, it is unlikely that a letter from you will convince them otherwise.

Roman R. Fichman, Esq.

www.TheLegalist.com

info (at) thelegalist.com

Start-Ups * Technology, Internet & New Media * IP & Business Law * M & A

Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

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Answered on 9/27/10, 9:03 am


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