Legal Question in Intellectual Property in Florida

Being hassled by informal cease and desist

I was an independent contractor and am using that work in my portfolio. They emailed me to take it down but the contract I signed does not make the works work-for-hire and in section 17 they said all demands are to be made in person or certified mail, so they appear to be in breach.

Who is in the right here? I don't want to budge on this, do I have enough of a case to seek further counsel from a local attorney or should I just give up and acquiesce? If it helps, you can find a redacted copy of the contract at www [dot] thinkpragma [dot] com/contract.pdf

thank you for any advice you can provide.


Asked on 9/19/08, 2:23 pm

2 Answers from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Re: Being hassled by informal cease and desist

You should meet with an attorney. You might have defenses to copyright infringement as well as certain rights yourself. Please feel free to call if you want to chat further about these issues.

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Answered on 9/19/08, 2:39 pm
Johm Smith tom's

Re: Being hassled by informal cease and desist

A licensed, insured attorney isn't going to spend time to read your contract and advise you without being paid for their time. You actually need a legal opinion, which we can give you. Do you really want to trust fee suggestions when you could easily be sued?

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Answered on 9/19/08, 5:13 pm


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