Can I get my copyrights back from this company?

[novelist999]

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


I was an independent contractor for an online greeting card company for many years. The contract states that they will "own all original material" that I created for them, and that I will "sign all documents necessary to give them full rights." I never signed any documents to transfer rights over to them, and I won't if they ask me to. The contract does not state that it was a work for hire. Plus, they didn't fulfill the payment terms of the contract and breached the contract during the last year I worked for them. On top of everything else, the work was never registered with the U.S. Copyright office.

Does this mean that I still own my rights to my work? If not, is it likely that I can get my rights back? Should I register these works with the Copyright office?

Another artist told me that if the contract is considered "Unfair," or "fraudulent," that might also be a means for me to get my rights back. It was unfair. It stated, among other things, that I had to work 80+ hours a week and only got 2 days off a year.

It was hell working for that company and took a lot out of me. Five years have passed, and I haven't gotten over it all yet.

I really want my rights back. It makes me upset that they are profiting big off of my writing after they screwed me over and treated me so badly. Plus, I'd like to use my material for my own greeting card company that I recently started.

I know...it will probably take a major lawsuit in order to get anywhere with this. Right? Any suggestions?What is the name of your state (only U.S. law)?

 

[FlyingRon]

The lack of registration really means nothing here. Your not signing anything to further specifically give up rights to work you created as an employee probably doesn't matter already, the original document conveys those rights.

I'm not sure what is fraudulent or unfair about an employer wanting to own the rights to the works of the employees. You'll have to explain what "breech" you think exists, because it sounds like you were just an employee from other words you use.

I'm not sure what claim you have. Further, I suspect that "more than five years" ago means that the statute of limitations may have run out as well.

 

[novelist999]

FlyingRon,

I was not an employee. I was an independent contractor. I worked from my home and paid self employment taxes. The company didn't fulfil the payment terms of the contract.

Thanks for your reply.

 

[Mass_Shyster]

FlyingRon,

I was not an employee. I was an independent contractor. I worked from my home and paid self employment taxes. The company didn't fulfil the payment terms of the contract.

Thanks for your reply.

It's possible a court would find the contract divisible, and that the products that were paid for belong to the client, and those that were not paid for belong to you.