Someone using my material without my permission

[sadliz]

What is the name of your state (only U.S. law)?
Kansas
At an author's request, I greatly edited her educational booklet, plus, researched and wrote some completely original material that is now included in her booklet. I also came up with the idea to develop an educational training "kit" and have established all of the kit components and produced and written some of the kit components. I have also done marketing and PR for her that has stimulated enormous interest across the nation for the booklet and training kit.

I was supposed to get "editing" credit on the material itself and am supposed to be paid for my work. The author decided NOT to give me credit and has not paid me for any of my work. Yet, she is planning to sell the material nationwide in two weeks.

Can I file a motion for an injunction to stop her from selling this booklet containing my work without my permission? Or until I am given proper editing/authoring credit and until I am also paid for the editing/authoring I did? There is no written contract for our business relationship, but I have an ironclad thread of emails clearly demonstrating my editing and authoring in her materials, developing the training kit and securing purchasing interest in the booklet. There are also emails indicating that she will pay me for my work as well. I am very dismayed and would like to have an injunction to stop her from using my work without my permission. Please, someone advise me... :'(What is the name of your state (only U.S. law)?

 

[divgradcurl]

Can I file a motion for an injunction to stop her from selling this booklet containing my work without my permission?

You can file such a motion (you would file a complaint first, then immediately file a motion seeking a temporary restraining order), but it is unlikely that such a plan would be successful at stopping anything. Because you both contributed to the booklet, chances are you both own the copyright to the work -- and the law is, any joint owner can make use of a copyrighted work without seeking permission from the other joint owners. You don't have "your part" and the other party has "their part" -- you are each most likely joint owners in the whole copyright.

Or until I am given proper editing/authoring credit and until I am also paid for the editing/authoring I did?

Same answer -- no.

There is no written contract for our business relationship, but I have an ironclad thread of emails clearly demonstrating my editing and authoring in her materials, developing the training kit and securing purchasing interest in the booklet. There are also emails indicating that she will pay me for my work as well.

Your remedy here is to sue for breach of contract. It's very possible that the emails, along with testimony and other evidence, may be sufficient to prove up the existence of a contract, and you can sue for breach. If the amount is low enough, you can sue in small claims court for the amount you should have been paid.

If you want anything else -- editing credit, and a share of the profits from the sale of the booklet (which you are likely entitled to as a co-owner of the booklet), you will likely need to sue "real" court, which will require the help of an attorney. You may want to talk with an attorney in your area, who can review all of the facts of your situation and advise you accordingly. An attorney can help you decide if there is enough evidence -- and enough damages -- to make this worthwhile.

 

[sadliz]

To Divgradcurl:

Dear Divgradcurl:
Thanks very much for your feedback and advice. I'm so sad about this situation, but you give me hope, if I'm considered by law as a "joint owner of the copyrights." I assume that means that I can use the booklet for my purposes as well. I worked for an entire year without pay, because of her promise to pay me when we began selling the booklets and the kit. She is now taking full credit for the kit and has done no work on it.

She owes me $15,000 for all of my work. I would be relieved to get even half of it at this point. So I will contact a local attorney per your suggestion. I have a friend who is semi-retired from Intellectual Property law.

I have been sending whatever money I make to my terminally ill youngest sister and her family (with 2 young kids). This money loss represents a sharp decrease in how I can help my sister. It is so upsetting and I cannot believe I am being basically swindled by my would-be biz partner. Thanks again for you clear and excellent advice.
Sincerely, sadliz

 

[roger_h]

She owes me $15,000 for all of my work. I would be relieved to get even half of it at this point.

...which is one very good reason to ask for a 50% deposit up front when doing any kind of freelance work.

I realize that does you litle good now, but for future projects - even with friends - ask for that money up front before you begin any work. If they are unwilling to pay you, that's a good sign that perhaps you might face problems like this down the road.