contract changes

[steveaustin]

What is the name of your state? Michigan
I entered into a simple contract with another party who resides in Illinois back in '95. The contract was for usage of artwork for which the other party held the copyright. The other party now wishes to revoke my right of usage because they can enter into another agreement with another party for exclusive merchandising. Can they just pull my right of use without any recourse? The original contract was very simple, no end date was specified, only the amounts of any run or item.
Thanks,
Steve

 

[Veronica01]

The contract you said it is simple, makes the life simpler to the contractor. Yes he can ask you to stop using his copyrighted material. However, to avoid imposing on you undue burden of losses, he should give you a notice stating that you stop using his copyrighted material effective a given date reasonably past the date of the notice. How reasonable is reasonable in your case depends on the nature of the work you do. You would need to check whether a provision to this effect is contained in the statute that has jurisdiction on your contract. The problem is, which jurisdiction applies to your case, Michigan or Illinois. This is not a simple question. You would need an attorney who is admitted in both Michigan and Illinois review you problem.

 

[steveaustin]

It doesn't seem right that the other party can just decide to terminate our agreement simply because someone else offered more money on an exclusivity contract. The useage was never limited other than in the quantity of a run. For example 1st Edition of a particular image could only be 100 pieces. But the amount of Editions could be indeterminate.
I think the problem lies in the fact that the property concerned is now headed for either a movie or TV show and the merchandiser wants exclusive rights. My 8 year old agreement is in the way so they just want to cut me out. Personally, that stinks, especially since I've spent all this time investing in developing a market for my goods based on this. Guess a visit to an attorney is in my future.