Legal Question in Civil Litigation in New York
Who owns my work?
Approached company with method to save thousands of dollars
in their media in an effort lower cost of customer acquisition.
Signed mutual non disclosure forms before any presentation was
made. Company liked idea. I created an ad. Related Contact
stated I would get paid for each customer signed up, or a
minimum. Contract stated that ''client assumes sole ownership
and responsibility for all liability and legal issues
related to the ad'' (makes sense) My intent was to develop a
working relationship with this company .Ex CEO of company
agrees that that was his intent in going forward with project.
Ad ran; lowered acquisition fee from $500 each to under
$50. Client then ran my ad in same media again without
compensation. They claim they owned the advertising
because they paid me for the work. I feel that I own the ad.
That anyone present in the meetings knew that my intent was not
to sell one single ad.
I would like an opinion on my legal recourse. I think I own the ad.
And I should be paid for the subsequent use of it.
2 Answers from Attorneys
Re: Who owns my work?
this question depends on a number of things. Which state law applies, is there a contract setting forth any terms, a legal opinion on this will require research and expense. I cnat give you a definative answer because the question is complicated and needs an analysis. Perhaps another attny on this board will have hands on experience to answer
Re: Who owns my work?
Your case is a little difficult to understand without seeing documentation. The question seems to be whether you assigned your rights to the property or licensed defendant the rights, retaining ownership against some type of royalty payment.
Feel free to contact me at your convenience.
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