Legal Question in Intellectual Property in New York
Withholding payment unless I assign copyright
I developed a complete website for a client, making final delivery in the form of a CD-ROM containing all source files, final graphics, templates, design documents, advice documents, etc. This was delivered by mail and with it I enclosed my final invoice and a notice specifying my ownership of copyright. My client flew into a rage and informed me that s/he will not pay me for services rendered unless I sign over the copyright to him/her and sign a ''work for hire'' agreement. I am an independent contractor and there is no way to stretch the definition of ''work for hire'' to cover the work I produced. Can you tell me where I can learn about my rights concerning my client's refusal to pay me unless I sign over my copyright? Thanks.
2 Answers from Attorneys
Re: Withholding payment unless I assign copyright
Unfortunately, it appears you never had an agreement prior to commencing work. If you did, the client would have probably demanded that you acknowledge that the project was a "work for hire" and therefore, the client would own the copyright (assuming it did not breach the contract by not paying you).
This problem sounds like a negotiation. You have to ask yourself whether copyright ownership is more valuable than money. If the client does not pay, you must try to get your property back. In the interim, a strong cease and desist letter should be sent demanding return of the CD-Rom.
This response does not constitute legal advice and no attorney/client relationship exists. It is for general informational purposes only.
Re: Withholding payment unless I assign copyright
There isn't much to add to Mr. Paradise's response, except that in the future, when you sign a contract make sure it explicitly states that you own the copyright and the work being done is not a work for hire. (If you have a standard contract you use, you may want to add this clause.)
But Mr. Paradise is correct --- you have to determine how important the copyright ownership is vs. how importnat it is to receive payment.
Good luck.
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