Contract breach and copyright ownership.

[mworsham]

What is the name of your state? Georgia

I was a contract freelance graphic designer for 5 years with my former employer. The contract that I signed stated that my employer was to pay me every 2 weeks and in turn he (his company) owned the copyrights to the work that I created. He never payed me in a timely manner and is now seriously deliguent in paying me my last check. He is now involved in a lawsuit against a fortune 500 company for copyright infringment. My question is: is he in breach of contract for not paying on time and if so does it nulify the contract? If the contract is null and void
then I beleive that I acctually own rights to the work in question.

 

[JETX]

"My question is: is he in breach of contract for not paying on time and if so does it nulify the contract? If the contract is null and void then I beleive that I acctually own rights to the work in question."

If one of the provisions of your contract is bi-weekly pay, and he hasn't complied, then he is in breach of that portion of the contract. That does not mean that the entire contract is voided.

And even if it did, the only 'rights' you would receive would be for the work done during those weeks of non-payment..... not for the full period of the contract.

As you can easily see, this is would be a very complex issue and would largely depend on the specific wording of the agreement. I suggest having a competent local attorney review the agreement and the facts.