S
Samurai Guard
Guest
Hi,
I Recently fired a freelancer who signed a "work for hire" contract, which basically says that all the work he does for my company he does as "work for hire" and is not entitled to any original art, or anything, but the payment for the work he did, or does. After firing him he kept calling me and harrassing me about giving him "his Stuff" meaning photo copies of any original work he did for me. Accordign to our contract, all original belongs to me. He continued to leave harrasing calls even calling me at 3am in the morning and waking my wife up, etc. he had worked on comicbok for my company. The last message he left on my answering machine stated that he was upset that a client gave me work that he wanted, and that "I guess I will be picking up my copies of the comic in the stores when it comes out". To my surprise Two weeks later I received a order in the mail to appear in court as he is sueing me for the cost of 100 copies of the comicbook he worked on. He has full knwlegde of our work fire hire contract and has stated on ym machine that he will be picking them up at the stores. I feel that this lawsuit is another attempt at harrtassing me and I am tird of it. I am countersuing under the grounds of harrassment. do I have a case and what are my chances of winning in your opinion and what are his chances of winning? I have enclosed the contract below. ----------indicates the freelancers name.
Thank you,
Kirk Abrigo
The following will set forth the terms of the agreement between Freelance Inker -------------- and Kirk Abrigo, President of Colburn Comics, Both Residence of the Sate of New york and the Borough of Brooklyn.
This is to certify that we both agreed that ---------- will ink The pages of Samurai Guard at a page rate of $35 per page. Which is to be paid upon completion and delivery of an entire Issue.” entire issue” means after all an any corrections have been made after the initial inking is done. Such corrections are to be made by ----------. It is understood that ---------- will not be paid until Kirk Abrigo has deemed the work complete.
--------------- understands that this work is produced as “work for hire”. All original artwork for Samurai Guard or any penciled work done by Kirk Abrigo and inked by -------------- is sole property of Kirk Abrigo and Colburn Comics. -------------has no claim to any of the original artwork Inked by ------------- or not Inked by -------------. As Kirk Abrigo Has sole ownership of any original artwork penciled by Kirk Abrigo and inked by ------------- , -------------- understands that all original artwork is to be returned to Kirk Abrigo and Colburn Comics upon completion of the work.
If for any reason ------------ is not able to complete a full issue, he will be compensated for those pages that he did finish, at the rate of $35 per page. If any page is incomplete ------------ will not be paid anything for that page but will be given the chance to complete that page. Upon completion of that page ------------ will be paid for that page at the rate of $35 per page.
Kirk Abrigo and Colburn Comics reserves the right to cancel this contract at any time for what ever reason they may feel it is necessary to do so.
If and when Given A deadline --------------- must be able to tell Kirk Abrigo If he can make the deadline and If not what is the closest date to the deadline that the work will be completed. Upon agreement of the deadline -------------- Will deliver the work to Kirk Abrigo on or before the deadline. Should --------------- be unable to deliver the artwork at the agreed upon deadline then --------------- will inform Kirk Abrigo two weeks in advance of the deadline. Should -------------- not meet any given deadline then Kirk Abrigo reserves the right to give the uncompleted work to another freelancer to complete. Should --------------- complete the work even after the deadline, He will be paid a page rate of $25 per page for any and all pages turned in after the agreed upon deadline.
This agreement shall be governed by the laws of the state of New York.
Signing below indicates that both parties agree to the above statements.
I Recently fired a freelancer who signed a "work for hire" contract, which basically says that all the work he does for my company he does as "work for hire" and is not entitled to any original art, or anything, but the payment for the work he did, or does. After firing him he kept calling me and harrassing me about giving him "his Stuff" meaning photo copies of any original work he did for me. Accordign to our contract, all original belongs to me. He continued to leave harrasing calls even calling me at 3am in the morning and waking my wife up, etc. he had worked on comicbok for my company. The last message he left on my answering machine stated that he was upset that a client gave me work that he wanted, and that "I guess I will be picking up my copies of the comic in the stores when it comes out". To my surprise Two weeks later I received a order in the mail to appear in court as he is sueing me for the cost of 100 copies of the comicbook he worked on. He has full knwlegde of our work fire hire contract and has stated on ym machine that he will be picking them up at the stores. I feel that this lawsuit is another attempt at harrtassing me and I am tird of it. I am countersuing under the grounds of harrassment. do I have a case and what are my chances of winning in your opinion and what are his chances of winning? I have enclosed the contract below. ----------indicates the freelancers name.
Thank you,
Kirk Abrigo
The following will set forth the terms of the agreement between Freelance Inker -------------- and Kirk Abrigo, President of Colburn Comics, Both Residence of the Sate of New york and the Borough of Brooklyn.
This is to certify that we both agreed that ---------- will ink The pages of Samurai Guard at a page rate of $35 per page. Which is to be paid upon completion and delivery of an entire Issue.” entire issue” means after all an any corrections have been made after the initial inking is done. Such corrections are to be made by ----------. It is understood that ---------- will not be paid until Kirk Abrigo has deemed the work complete.
--------------- understands that this work is produced as “work for hire”. All original artwork for Samurai Guard or any penciled work done by Kirk Abrigo and inked by -------------- is sole property of Kirk Abrigo and Colburn Comics. -------------has no claim to any of the original artwork Inked by ------------- or not Inked by -------------. As Kirk Abrigo Has sole ownership of any original artwork penciled by Kirk Abrigo and inked by ------------- , -------------- understands that all original artwork is to be returned to Kirk Abrigo and Colburn Comics upon completion of the work.
If for any reason ------------ is not able to complete a full issue, he will be compensated for those pages that he did finish, at the rate of $35 per page. If any page is incomplete ------------ will not be paid anything for that page but will be given the chance to complete that page. Upon completion of that page ------------ will be paid for that page at the rate of $35 per page.
Kirk Abrigo and Colburn Comics reserves the right to cancel this contract at any time for what ever reason they may feel it is necessary to do so.
If and when Given A deadline --------------- must be able to tell Kirk Abrigo If he can make the deadline and If not what is the closest date to the deadline that the work will be completed. Upon agreement of the deadline -------------- Will deliver the work to Kirk Abrigo on or before the deadline. Should --------------- be unable to deliver the artwork at the agreed upon deadline then --------------- will inform Kirk Abrigo two weeks in advance of the deadline. Should -------------- not meet any given deadline then Kirk Abrigo reserves the right to give the uncompleted work to another freelancer to complete. Should --------------- complete the work even after the deadline, He will be paid a page rate of $25 per page for any and all pages turned in after the agreed upon deadline.
This agreement shall be governed by the laws of the state of New York.
Signing below indicates that both parties agree to the above statements.