What is the name of your state? New Jersey
I am the sole proprietor of a small web-based business. I design and sell 3D content that is used in graphic design applications. In May of 2003, I was approached by the Marketing V.P. of a major US based software company with an offer to use some of my 3D models as content for a companion CD which they would distribute in conjunction with one of their software titles. I entered into a signed contract which stipulated that I would be paid specific royalty payments on a quarterly basis, and also required that full credit and acknowledgment would be given to me in their product documentation. To date, they have not fulfilled either of these obligations, despite my repeated requests for payment. Furthermore, thay have now integrated my 3D models directly into the latest version of their software, which was not authorized under the original agreement, and they have provided no credit or acknowledgments, and no further payment schedule for royalties that would apply to this additional use. They have repeatedly apologized for their "oversight" and they keep assuring me that payment will be forthcoming, but at this point, I feel that they are just stalling and hoping that I will become frustrated and give up trying. What are my legal options, and how should I proceed?
I am the sole proprietor of a small web-based business. I design and sell 3D content that is used in graphic design applications. In May of 2003, I was approached by the Marketing V.P. of a major US based software company with an offer to use some of my 3D models as content for a companion CD which they would distribute in conjunction with one of their software titles. I entered into a signed contract which stipulated that I would be paid specific royalty payments on a quarterly basis, and also required that full credit and acknowledgment would be given to me in their product documentation. To date, they have not fulfilled either of these obligations, despite my repeated requests for payment. Furthermore, thay have now integrated my 3D models directly into the latest version of their software, which was not authorized under the original agreement, and they have provided no credit or acknowledgments, and no further payment schedule for royalties that would apply to this additional use. They have repeatedly apologized for their "oversight" and they keep assuring me that payment will be forthcoming, but at this point, I feel that they are just stalling and hoping that I will become frustrated and give up trying. What are my legal options, and how should I proceed?