Re: Artwork/Design Protection

[Guest guest]

The only thing that I can offer you is that you might have to get you a lawyer

outside of your area. Also you can go to one of the following websites to

research your rights as well research on attornies that specialize in your type

of issue: www.findlaw.com or www.lawyers.com.

Trincell

--- Original Message ---

From: " ddarlaa2004 " <ddarlaa2004@...>

Sent:Tue 6/8/10 7:03 am

Subj: Artwork/Design Protection

Hi everyone, I am faced with an issue...I worked for my ex BF designing and

painting artwork he used in his business. When we split, I sent him an e-mail

notifying him he could no longer use ANY of my designs for ANY reason. He

received and read my e-mail as he replied with mine in it's entirety included in

his reply. I left over 8 months ago. I went on his website and right in front of

my face is one of my designs! We live in a very rural area and there aren't any

attorneys who handle this kind of thing. Just a quick note, I gave up an

excellent job plus my own craft and candle business to help him with his. He

said hed pay me which he never did, so now I am out a great job and now I have

to start all over again! Its been 4 1/2 years I worked for him. Sooo, I don't

want him to be able to use me any more to get ahead. Any advice is GREATLY

appreciated!!

[Guest guest]

What you have here is a complex breach of contract issue.

He at least owes you for your work. That is a given. If he is using it, then

he must pay you for it.

However... if he pays your for it, then it is also an implication that you

were an employee of his when you made the designs, and therefore he owns the

rights to them.

IF he pays you for them.

So the question is, before you get a lawyer - do you want the money, or do

you want the rights to your artwork? Because I think you can only get one or

the other, by law, in most states.

Not really very helpful, I'm afraid, but something to think on...

Patty J

On Tue, Jun 8, 2010 at 7:32 AM, <trincellshelvin@...> wrote:

>

>

> The only thing that I can offer you is that you might have to get you a

> lawyer outside of your area. Also you can go to one of the following

> websites to research your rights as well research on attornies that

> specialize in your type of issue: www.findlaw.com or www.lawyers.com.

>

> Trincell

>

>

[Guest guest]

Thanks I hate I didn't put an agreement out first at least he will eventually

use all his reserve then good luck!

From: trincellshelvin@... <trincellshelvin@...>

Subject: Re: Artwork/Design Protection

Date: Tuesday, June 8, 2010, 9:32 AM

 

The only thing that I can offer you is that you might have to get you a lawyer

outside of your area. Also you can go to one of the following websites to

research your rights as well research on attornies that specialize in your type

of issue: www.findlaw.com or www.lawyers.com.

Trincell

--- Original Message ---

From: " ddarlaa2004 " <ddarlaa2004@...>

Sent:Tue 6/8/10 7:03 am

Subj: Artwork/Design Protection

Hi everyone, I am faced with an issue...I worked for my ex BF designing and

painting artwork he used in his business. When we split, I sent him an e-mail

notifying him he could no longer use ANY of my designs for ANY reason. He

received and read my e-mail as he replied with mine in it's entirety included in

his reply. I left over 8 months ago. I went on his website and right in front of

my face is one of my designs! We live in a very rural area and there aren't any

attorneys who handle this kind of thing. Just a quick note, I gave up an

excellent job plus my own craft and candle business to help him with his. He

said hed pay me which he never did, so now I am out a great job and now I have

to start all over again! Its been 4 1/2 years I worked for him. Sooo, I don't

want him to be able to use me any more to get ahead. Any advice is GREATLY

appreciated!!

[Guest guest]

One of the lessons in life: Unselfishly, look out for you, put the past behind

and move forward..you did it twice (for your and for him) you can do it again

and this time better. 

Thank goodness you woke up. He will not have good luck, don't hold any malice

towards him and go forward is my advise.

 

From: trincellshelvin@... <trincellshelvin@...>

Subject: Re: Artwork/Design Protection

Date: Tuesday, June 8, 2010, 9:32 AM

 

The only thing that I can offer you is that you might have to get you a lawyer

outside of your area. Also you can go to one of the following websites to

research your rights as well research on attornies that specialize in your type

of issue: www.findlaw.com or www.lawyers.com.

Trincell

--- Original Message ---

From: " ddarlaa2004 " <ddarlaa2004@...>

Sent:Tue 6/8/10 7:03 am

Subj: Artwork/Design Protection

Hi everyone, I am faced with an issue...I worked for my ex BF designing and

painting artwork he used in his business. When we split, I sent him an e-mail

notifying him he could no longer use ANY of my designs for ANY reason. He

received and read my e-mail as he replied with mine in it's entirety included in

his reply. I left over 8 months ago. I went on his website and right in front of

my face is one of my designs! We live in a very rural area and there aren't any

attorneys who handle this kind of thing. Just a quick note, I gave up an

excellent job plus my own craft and candle business to help him with his. He

said hed pay me which he never did, so now I am out a great job and now I have

to start all over again! Its been 4 1/2 years I worked for him. Sooo, I don't

want him to be able to use me any more to get ahead. Any advice is GREATLY

appreciated!!

[Guest guest]

When you were working for him, did you REGISTER all your designs? Was there a

WRITTEN agreement that you retained all the rights to them?

If not, sorry hun, but if you take this to court you will not only be out your

artwork, but the $$ to engage an attorney and possibly court fees.

My husband and I are both photogs... we have for the past 20 years seen a lot of

issues concerning the rights of this kind of thing.

If you were employed by him... then it is generally accepted by any court that

HE owns ANYTHING you produce during said employment.

I hate to be a party pooper, but honestly, if you didn't have any legal

documents (and the email you sent won't hold up in court) that he SIGNED I doubt

that you'll ever get use of those again.

The one thing you CAN sue for is your salary... you can make life miserable for

him if he doesn't pay that... contact the attorney general and possibly the

state concerning his business license. You can also contact the gov because he

was supposed to be taking out taxes on you, prob didn't and you cant pay the

income tax on your income you never got!

DO NOT resort to badmouthing him in your town... even if he tries to do it to

you (if he does, THAT is harrassment)...

I've been thru more lawsuits than I care to admit to... and I learned a LOT of

the don'ts and do's... along with " what I shoulda done's " ....

Go to the courthouse where his business license is registered, ask them where

you should go to report that he didn't pay your salary... you may luck out and

find a very sweet person who will give you a lot of GOOD legal advise for free.

and one last thing..... ANY work of art you produce is copyrighted... either by

you or if you make it during an employment that requires the making of artwork..

your employer. you can NEVER sue for punitive damages or potential income from

the art if you did not register it with the US Copyright and Trademark office.

You CAN bulk register a lot of your (away from him stuff) for about 35.00 (I

think that is what we paid for a DVD FULL of my husband's work).

I hope the best for you... check with your courthouse... but you may have to

chaulk this up as a lesson learned the hard (and painful) way.

I'm sorry to sound so grim...but you need TRUTH, not false hopes that will cause

you to spend $$ you many not have extra for the spending.

Gini

, " ddarlaa2004 " <ddarlaa2004@...> wrote:

>

> Hi everyone, I am faced with an issue...I worked for my ex BF designing and

painting artwork he used in his business. When we split, I sent him an e-mail

notifying him he could no longer use ANY of my designs for ANY reason. He

received and read my e-mail as he replied with mine in it's entirety included in

his reply. I left over 8 months ago. I went on his website and right in front of

my face is one of my designs! We live in a very rural area and there aren't any

attorneys who handle this kind of thing. Just a quick note, I gave up an

excellent job plus my own craft and candle business to help him with his. He

said hed pay me which he never did, so now I am out a great job and now I have

to start all over again! Its been 4 1/2 years I worked for him. Sooo, I don't

want him to be able to use me any more to get ahead. Any advice is GREATLY

appreciated!!

>

[Guest guest]

I agree - for what it would cost financially and heart-wise, I  don't think he's

worth it.IME, Those kind of non-creative control freaks just get off on making

you  squirm.Go forward and make new and better designs!!  ;o)  you can do it!

ANd then you have the benefit of a clean break without emotional coloring of

what was once used by him.Willow

 

One of the lessons in life: Unselfishly, look out for you, put the past

behind and move forward..you did it twice (for your and for him) you can do it

again and this time better. 

Thank goodness you woke up. He will not have good luck, don't hold any malice

towards him and go forward is my advise.