Legal Question in Intellectual Property in Texas
Use of Intellectual Property without permission
I contracted with a government agency to market certain real property. I discovered they had no guidelines for a public sealed bid for the property. In order to attain their business, I developed the entire bid information package, advertisements and a draft of legal documents for their attorney. My contract has expired. I was unable to sell the subject property due to their refusal to accept any of the bids. Since, they have put on the market another piece of property with another company and are using all my material that I developed for our specific project without my permisiion or any compensiation from them. It appears that they have adopted my material as their agency guidelines.
Can I demand payment for my services in developing over sixty pages of information,guidelines and advertisment material?
If I need to address this in the court, how would this case be styled?
1 Answer from Attorneys
Re: Use of Intellectual Property without permission
Generally, claims for copying works of authorship without permission of the author are copyright infringement cases. However, copyright is federal law and copyright registration is generally a prerequisite to federal court jurisdiction over a copyright claim. If you have not registered a copyright on your materials, that may be your first need here. Once having done that, a notice to the agency to cease and desist from copyright infringement might be appropriate, depending on the degree of similarity. I doubt the damages would be very high in your situation unless you already have a copyright registration, and probably not high enough to justify a court case. The case might be styled you, plaintiff, versus the agency and the individual involved at the agency, defendants.
You should take this to a copyright attorney for evaluation. Copyright cases are fact dependent and there may be principles of government immunity involved and any releases or waivers, particularly contractual ones you have made will need to be evaluated.