Legal Question in Intellectual Property in Washington

Merchandise Licensing Agreement

In 1992 I entered into a licensing

agreement (since misplaced) to

produce, manufacture and

distribute home videos and other

merchandise related to a locally

produced TV program. The

agreement was with the artist who

owns rights to video archives,

naming, etc... Terms were to pay

33% of profit in royalties to

artist/rights owner. I created and

distributed 4 videos for retail and

paid royalty to the owner under

agreement terms. Fast forward to

today...

I now learn that 3 of the video

titles I produced are now being

packaged together with another

program I did not produce, and are

being sold as a compilation. The 3

titles I produced are included in

their entirety. It has become a

strong seller for the business that

is selling them. They are also selling

other related merchandise I

produced under the license

agreement.

Without being able to locate my

copy of the agreement, would you

think I have some rights to the sale

of my productions?


Asked on 2/25/09, 10:38 pm

1 Answer from Attorneys
James Vasquez In Pacta, PLLC

Re: Merchandise Licensing Agreement

Regardless of whether or not you can find your licensing agreement, you would still hold a copyright in your work. Therefore, if the party selling the video is not paying you for use of your work, then they are infringing on your copyright. However, if the work you performed was a work for hire (as that term is defined under copyright law), or your prior agreement stated that all intellectual property rights remained with the licensor (owner of video archive) then you don't have standing to claim copyright infringement.You may also be able to recover if the licensing agreement stated that you had exclusive right to produce, manufacture, and distribute for an indefinite period, and/or on an equitable theory of law, i.e. the current seller is benefiting from your efforts without compensation to you.

I would recommend that you write a letter to the party using the videos stating your claim, and if that doesn't net results seek the help of a qualified attorney. I'd be happy to assist you in that regard.

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Answered on 2/26/09, 1:00 pm


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