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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I have invested into the intellectual property of a writer

Customer Question

I have invested into the intellectual property of a writer to produce a product for said writer. I've invested a significant amount of money and have asked that all distribution of the product be dealt with by my production firm. This writer has repeatedly disregarded my request and has not paid for the final product. What are my options?
Submitted: 6 months ago.
Category: Intellectual Property Law
Expert:  PhillipsEsq replied 6 months ago.
You need to file lawsuit to recover the amount paid. There is no way around this if the other party has been uncooperative. You may retain the services of a local Attorney who handles civil litigation to assist you with the case. You can use the following sites to find local Attorneys: Lawyers.com Justia.com Findlaw.com Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 6 months ago.
Good Day Phillip,We are not satisfied with the response as to the fact that we are readying to take the necessary legal steps for recouping the investment made.In the additional questions asked, the person to who has provided us with their intellectual property is unable to return monies for the production company's investment. We are willing to take on the full product without the involvement of the writer so that we can get the product sold and release the intellectual property back to the rightful owner once we've received all monies spent.We wanted to know what our options would be as to a course of litigation as to what to sue for besides the money of course. Do we sue for an injunction until monies are paid? Do we file for an injunction with stipulations to the writer? The writer has repeated breached verbal and contractual agreements and at this point, don't trust that he will honor any other request.Does this provide you additional information as to what we're looking for help with?
Expert:  PhillipsEsq replied 6 months ago.
I will opt out and give another Professional the opportunity to further assist you.
Expert:  socrateaser replied 6 months ago.
Hello, Different contributor here. Please permit me to assist. You asked:We wanted to know what our options would be as to a course of litigation as to what to sue for besides the money of course. Do we sue for an injunction until monies are paid? Do we file for an injunction with stipulations to the writer? A: You are describing what is, at base, a breach of contract claim: You paid for certain intellectual property which was not provided according to the contact terms. The breach gives you damages for the value of the benefit of the bargain to which you agreed in the contract.Injunctive relief would consist of preventing the writer from publishing the work in a manner that deviates from the agreed upon contract terms. This may be difficult to obtain, unless you can prove that you are the owner of the intellectual property (i.e., the copyright), or that you have an exclusive license to distribute the intellectual property. I don't have sufficient information to evaluate this issue, without actually reviewing the contract and other evidence/corespondence related to the transaction.What I can tell you for certain, is that if there is an issue of copyright infringement, because the writer has published the work without your consent, and you allege that you own the copyright, then that case can only be brought in U.S. District Court. A state court cannot resolve the dispute. This can make for a very costly lawsuit, because copyright infringement lawyers charge a great deal to take cases, unless the infringer has sufficiently deep pockets, and there is a near certain likelihood of success on the merits of the case. I'm not trying to paint a bleak picture here. However, I believe you should be entitled to a fully competent explanation of the issues, so that you don't end up throwing "good money after bad." I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 6 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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