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I sent a bill for our work—the artist’s and mine—and it was not paid. I sent two more reminders, and nothing happened. If I did not do something, I was going to be out-of-pocket several thousand dollars to my artist and with zero income for me.
Mad as hell, I sent a copy of the bill to the president of the company—with a copy to the controller—along with a letter stating the following:
• I was the author and designer of four successful mailings that were currently generating revenue—and I listed them.
• The new guy’s predecessor hired me on a handshake—with no work-for-hire contracts on any of the assignments.
• Therefore, I own all the rights to the four mailings.
• If the enclosed bill was not paid immediately, I would withdraw the company’s rights to use all prior mailings and would take them all to court in order to enforce the action.
I received a check within a week.
Takeaway Points
The lessons are:
• Generally speaking, you own what you create, absent being an employee or signing a work-for-hire agreement.
• You can stop the unauthorized use of your material. However, you cannot sue for damages unless that material is registered with the U.S. Copyright office.
• If you hire freelancers, it is wise to have contracts that include work-for-hire agreements, specifics on what is expected—including revisions—and kill-fee policies.
For more information:
FAQs about copyright (including fair use): http://tinyurl.com/28s7sa
U.S. Copyright Law: http://www.copyright.gov/title17/
How to register work with the U.S. Copyright Office: http://www.copyright.gov
Denny Hatch is a freelance direct marketing consultant and copywriter. Visit him at www.dennyhatch.com, or contact him via e-mail at dennyhatch@yahoo.com.
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