Legal Question in Business Law in California

I design a magazine for a company that I work for. I also do freelance work for clients that advertise in the magazine that I work for. If one of my freelance clients sends artwork that I have designed to the magazine, before they have paid me for the design, AND I inform the magazine that this artwork has not been paid for and therefore is not legally owned by the client, can they still publish it legally?


Asked on 11/18/13, 11:53 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

Assuming I understand you correctly, of course. The magazine in not an insurer of your contracts and business dealings. Your remedy is really to go after your own client, but I am not so certain that you are understanding the law here correctly here.

In a work for hire relationship, the employer still receives an implied license to use the work for its intended purpose. That is, I am not so sure that you would have any right to prevent them from using it, but rather you can go after them as a matter of contract law to recover any money owed. It is entirely possible that they may forfeit their right to use the work under certain scenarios, but I would not conclude that here and it is an analysis a copyright lawyer should make.

It might be worth discussing with a lawyer in private to make sure you understand all your options. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/18/13, 12:08 pm
Kelvin Green The Law Office of Kelvin Green

I agree...besides the fact that you may have a conflict with your current employer. The magazine only runs artwork that they get paid for you won't stop them from running it...

The artwork is probably not yours unless the is contract language to the contrary... If there

Is language I wonder how they get it without them paying you.

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Answered on 11/18/13, 5:34 pm


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