Protecting your copyrighted works from use by those who have not paid for them

[loneill]

What is the name of your state (only U.S. law)? Ohio

I'm not certain if I'm using this forum correctly, but will ask my question anyway in the hopes that someone will weigh in with advice.

I am the co-founder of a non-profit organization for which my husband, who is a graphic designer created multiple logos, branded training programs, web sites, and collateral materials, without being compensated.

I recently left the organization, and my co-founder is claiming that I have no rights to the work product I co-created, nor to the works that my husband created and was never compensated for.

I would like to file an injunction against the organization to prevent them from using the copyrighted materials described above--more to force them to the table to provide compensation than to ultimately prevent the organization from using the materials.

Any advice?

 

[tranquility]

See an attorney who knows about intellectual property. Since you created the stuff, you have rights. What they are are difficult to discern from your post.

 

[loneill]

Protecting copyrighted works from those who haven't paid

As a follow up to your post, Tranquility, my husband designed the organization's logo, the organization's primary public awareness campaign and its corresponding graphical representation (logo type and words, two versions), its multimedia workshop in PowerPoint with templates, video, and content, two web sites for the org, and myriad applications of the logo and program content across virtually all media except television and radio.

What I am curious about is whether the organization can continue to use the materials without his express permission or license, or, if we demand it, reasonable compensation for the work.

In email correspondence, the interim president of the board of directors acknowledged that we were entitled to compensation for the above, but we have heard nothing further after submitting a list of the work.

Organization is also threatening me not to contact anyone with whom I had had contact during my four year tenure as co-founder. There were no written employment contracts, no non-compete, nothing. I suspect they are just making noise because they have also had their attorney ask me to come back to the organization three times! Nothing could persuade me to return after the mismanagement of my co-founder. However, I want to be cautious about simply moving forward in the same field of expertise and proceeding with my contacts.

Your further thoughts would be welcome.

 

[justalayman]

What I am curious about is whether the organization can continue to use the materials without his express permission or license, or, if we demand it, reasonable compensation for the work.

what was the agreement, either express or implied, when he created them and presented them to the group?

It would appear there already was at least implied permission and maybe expressed permission. Why else would they be using them?

Did you say "here, you can use these as long as I am a member of this group"?

"You can use these but I want money for them at sometime in the future?

"I'm not making these for free. Just wanted you to be aware."

You are attempting to enforce some terms of a contract that never was.

 

[loneill]

Protecting copyrighted works

Thanks for your thoughts, justalayman. This is a very small non-profit, it was just two of us, and my husband assisted us with developing key brands and programs. The commitment was always that he would be paid when the organization grew large enough to have a healthy budget.

Yes, there are always implied understandings between human beings, but my curiosity is, in a court of law, would a court find that my husband owns the materials and corresponding copyrights, or does the organization?

Our desire at this point is simply to negotiate a reasonable amount of compensation for his work, grant them a license(s) to use the work, and move on. They, in turn, are threatening me at every turn, making accusations which have potentially dire consequences--all false--and making what could have been a relatively simple departure by one partner from an organization into a storm of accusations and acrimony. I just wanted out of the partnership. Her overwrought reaction is one of the reasons why I wanted out--someone who is irrational and incapable of simply doing the work without constant drama.

 

[swalsh411]

"You are attempting to enforce some terms of a contract that never was."

What part of the above is not clear to you? You are going to have a hard, if not impossible, time coming in after the fact and demanding compensation or that they cease using works that your husband made for the specific purpose of the group using them.

The facts are that your husband created material for the organization and there was no agreement on compensation or restrictions placed on usage.

Now, your husband may have rights to allow others to use those works (if anybody would want to) but that is a completely different matter than you having the right to demand either compensation or that they stop using them.

It sounds like you have a personal issue with this group and are trying to extract your revenge.

You can certainly attempt to “negotiate” with them but I am not aware of any legal theory or precedent that you could use to win in court.

 

[xylene]

Look I'm sure your husband is super-creative but...

Let's put it this way:

If you built a house for habitat for humanity - could you have it torn down after you left the organization?

No.

The organization owns the work that was created on their behalf by your husband.

Even if you were not paid or no written agreement.

Even if there was a verbal agreement that he would be paid later.

You have not presented anything that changes this.

I am also unsure why you believe your ex-organization is no position to sue you should you bad mouth them or take other actions to harm them intentionally or negligently.

As the co-founder, your liability is enhanced, not reduced.

 

[justalayman]

=loneill;2573429]Thanks for your thoughts, justalayman. This is a very small non-profit, it was just two of us, and my husband assisted us with developing key brands and programs. The commitment was always that he would be paid when the organization grew large enough to have a healthy budget.

and has it reached that point? If not, sounds like you are simply going to have to wait until such time it does have a healthy budget as the demand is obviously, even by your admission, premature.

If the company has a "healthy budget" (and boy can that term be defined a million different ways), then make a demand and if they refuse to pay what you believe is fair, sue them.

Yes, there are always implied understandings between human beings, but my curiosity is, in a court of law, would a court find that my husband owns the materials and corresponding copyrights, or does the organization?

in the sentence just above, you clearly state you sold the logos or at least a license to the company. I would suggest a court would find that at a minimum, the company would have a right to continue to use the work.

Our desire at this point is simply to negotiate a reasonable amount of compensation for his work, grant them a license(s) to use the work, and move on.

it sounds like the only thing missing is the amount and now, retroactively, that is going to be difficult.

as it stands, it does not sounds like you have any rights to prevent the use of the works.