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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36960
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your reply. Id like to include an email for

Resolved Question:

Thank you for your reply. I'd like to include an email for your review. In that email, did I give up any of my rights to our creative works.

How can I do that?
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your post. I appreciate you requesting me to assist you again. Please allow me to reply to this question in your initial thread so you are not exposed to additional potential charges. Hold on, please.
Customer: replied 11 months ago.

Thanks,


I signed up for the free trial too... does that help?

Expert:  Dimitry K., Esq. replied 11 months ago.
Stephanie,

Until and if you positively rate my answers, I do not get paid for my work. While having a free trial helps you ask more questions, if you do not rate, the professionals who assist you do not get compensated for helping you. You are free to ask more questions, but I attempte dto consolidate because your follow-up was a clarification of your initial post and was not really a new and separate concern.

Good luck.
Customer: replied 11 months ago.

Sorry, fist time using this service. Let me figure out how to leave rating for your feedback!

Expert:  Dimitry K., Esq. replied 11 months ago.
No worries, believe me! That is why I am here to assist, and to hopefully make your experience as satisfactory as possible!
Customer: replied 11 months ago.

Ok... just figured it out... THANKS!

Expert:  Dimitry K., Esq. replied 11 months ago.
Stephanie, no problem and glad to help!

Do you have any other questions or concerns for me? Is there anything else I can assist you with?
Customer: replied 11 months ago.

Yes, How do I send my email for your review?

Expert:  Dimitry K., Esq. replied 11 months ago.
Stephanie,

I cannot receive direct emails, but you can copy and paste the relevant text into here so I can review it for you. Would that suffice?
Customer: replied 11 months ago.

Dimitry, trying again... had technical error on phone with your company...


 


Her email:


 











On Aug 17, 2013, at 10:30 AM, Olga McCluskie <XXXXX@XXXXXX.XXX> wrote:





Stephanie,

I had hoped we could sit and come to an amicable solution regarding dissolving all projects between us. I had felt very positive that once the dust settled, we could come to a very good place for both of us so we could move forward with our own projects. However, your last few emails make it clear that your ethics and professionalism are a concern. Let me state that Jamie and I do not take threats of defamation of character, slander and blackmail lightly. That is treading on some very bad karma and most especially legal ground. Let me clarify this letter is going to be about business.

I am unconcerned about your accusations. I already spoke to Thinkstock regarding the account and guidelines. Ron was extremely helpful in making sure I had all the proper information to move forward and was unconcerned, as well. As you stated in your email, if you were the contact person for Thinkstock, you are, therefore; culpable for failing to provide guidance regarding editing a submission to Scholastic, to include a reference to Thinkstock. I have discussed this with Scholastic and Thinkstock. From this point forward I will coordinate this with Scholastic and Thinkstock, it is no longer your concern. Perhaps you should re-evaluate your motivations.

As for finalizing details regarding our work together, your email strongly indicates your hostile approach to resolution, therefore a clear break is most appropriate, as follows:


  • Anything that you brought into negotiations under Graphic Brains before I began working with you on product development which would include WAK book, WAK kiddos, animations focusing on punctuation and ABCS is your intellectual and creative property. In my case, this would be all children's book ideas including Cookie. We would retain all concepts created independently of each other during our time working together as our own intellectual and creative property. Specifically, my Sifaka character and children's books remain my property. In your case your middle grade novel and health related comic books are your property.



  • For further clarification all works created with any of my intellectual or creative input cannot be used for your business purposes. In particularly, my graphic design, creative input and artistic branding that would have been related to Conservation Guides, WAK Kiddos or an interactive CD.



  • All works created together under the concept of Conservation Kids cannot be used which includes the Conservation Guides (which were formed with heavy input and creative direction from me and I have retained all paperwork and emails related to development), company name, logos and concept art, adoption kits or conservation themed interactive CD's. This also includes any other related items to these concepts.



  • At this time please delete all images related to Cookie or my artwork.


I will take financial responsibility of the Thinkstock account. Therefore all Thinkstock images including any artwork derived from Thinkstock images must be deleted immediately. Please note any use of istock credits are an infringement on Thinkstock policy. All account details created using my activation code must be forwarded to me, as again you are in violation of Thinkstock policy. Please delete all work related to Conservation Kids and any associated products. This includes all illustrations done for your WAK book which was done in conjunction with branding for a potential company which you have chosen to not move forward with. Therefore it is not in my best interest artistically or from a business perspective to be associated with your products. Therefore, I am waiving all fees that would have been due for my time which equated about 100 hours of artistic work, however please advised no work that was related to me can be used in any manner. In return, I will delete all copies of WAK.

I do wish you the best on your endeavors. You had great enthusiasm for Graphic Brains and its direction before we began working together and I am certain you can find an illustrator who has a unique vision that differs from mine but will help take your book in the direction you want. I am looking forward to seeing the exciting things your company creates.

Your threats, although not a professional concern, reinforce my endeavor to have legal council to protect myself from further hostile actions on your part. This correspondence is an initial response to advise you I will not take your approach lightly. I am not only disappointed in your recent emails but if you are reflective you should also be disappointed in yourself. I am sorry you felt the need to take such a route when our past friendship, no matter how it ended, would have been suffice for me to have negotiated in a very compromising, positive manner.

As for the books, you can mail or drop them off to me. I will check and make sure if I have anything of yours, and I will do the same.

At this time, I ask you not contact me further with veiled threats. I will not waste my energy that way. That is why I have legal council available to me. That is their job.

Sincerely,

Olga

******************************MY RESPONSE************

Did I lose any copyright for my products?


Olga,

Thank you for your prompt attention to handling the issue with providing the appropriate and correct information to both Thinkstock and Scholastics.

My previous email was in no way intended as a threat in any manner. My concern was that you would not credit the images you used from Thinkstock in a legal manner and I did not want to be associated or tied to your actions.

Especially since your action of changing the password XXXXX the graphic brains yahoo email account that I created for our company triggered my concern. I see you failed to mention that in your email. That was an account created for both of us to correspond with a much more professional image with Scholastics and other organizations.

If you were so concerned about a positive dissolution, one wonders why you went to such lengths to lock me out of the account. It appeared to be a very dishonest tactic and therefore I did not feel safe in trusting your judgement with your use of Thinkstock images.

Since the email account utilizes the Graphic Brains name, I am asking you to reset the password XXXXX send that to me, since we both agree that Graphic Brains is my company.

In regards XXXXX XXXXX of the products I will add the following corrections.

Correction to this:

WAK Conservation Guides falls under the category of my property in any format. This idea was developed before I met you and I have evidence of that with work between myself and another educator. If this were to ever become a legal matter then I am sure that she would testify to the amount of hours we spent planning and developing our ideas and guidelines.





  • Anything that you brought into negotiations under Graphic Brains before I began working with you on product development which would include WAK book, WAK kiddos, animations focusing on punctuation and ABCS is your intellectual and creative property. In my case, this would be all children's book ideas including Cookie. We would retain all concepts created independently of each other during our time working together as our own intellectual and creative property. Specifically, my Sifaka character and children's books remain my property. In your case your middle grade novel and health related comic books are your property.





Please be reassured that all your artwork will not to be utilized in any of my product lines. To clarify, my creative input to create WAK Kiddos or an animal scrapbook from a grandparents perspective cannot be used for your business purpose. That idea was developed solely by myself and my husband.





  • For further clarification all works created with any of my intellectual or creative input cannot be used for your business purposes. In particularly, my graphic design, creative input and artistic branding that would have been related to Conservation Guides, WAK Kiddos or an interactive CD.





For this process I think is important to understand that yes, you came up with the name Conservation Kids. But the idea of creating products for children that focused on conservation was developed before I ever met you. The evidence of this can be demonstrated by the multiple emails and with conversations with conservationists at the WCN conference, October 2013. As you may remember, I also attended the conference with an educator who at that time was going to assist with the WAK Conservation Guides.

You came to me and told me that you wanted to be a part of my vision. You told me that you wanted to be part of my company. I was prepared to hire you, but you wanted to be "invested" 100%. Conservation in any manner was never part of your vocabulary until you met me.

With that said, I will not use the name Conservation Kids, nor will I use the concept for the adoption Kits as that was truly your original idea. It is a wonderful idea and if you decide to purse that concept, I wish you nothing but the best of luck with your business. I will also not use any of your artwork or art concepts.

I will not agree to not use any type of conservation themed interactive CD or any other format. That we developed together and if you feel that I cannot use those ideas then technically you can't use those either.

I maintain the right to utilize any type of technical format, interactive or not, for any of my conservation products. I personally feel that if you follow my vision of creating conservation products for children, they will each look different and it will just add to the abundance of making a difference in the world for endangered animals.





  • All works created together under the concept of Conservation Kids cannot be used which includes the Conservation Guides (which were formed with heavy input and creative direction from me and I have retained all paperwork and emails related to development), company name, logos and concept art, adoption kits or conservation themed interactive CD's. This also includes any other related items to these concepts





Last I will agree to delete all your artwork in regards XXXXX XXXXX WAK, Conservation Kids, and Cookie. Thank you for deleting all of my creative works as well.

I also agree to waive my fees for at least 200 - 300 hundred hours of research, networking, phone calls with potential clients, vendors, wholesalers, printers, ebook conversion services, conservation groups, web site hosts, interactive ebook services and more. I will also waive any fees for the hours spent on technical education design for Cookie in a fixed format for the Ipad.

To address your comment of being disappointed in myself. You had no right to change the email ID on the graphic brains yahoo account without notifying me and requesting that we delete the account together. Your dishonesty of working on the illustrations when you never really wanted to, as you stated in our last phone conversation, also costs me a great deal of time and money. Had you been honest, I would have pursued a different route. But you were not and I can now clearly see that that your resentment led to all of this.

And to address your comment,



This includes all illustrations done for your WAK book which was done in conjunction with branding for a potential company "which you have chosen to not move forward with"



I never chose to not move forward with our partnership. You broke a verbal contract on how we agreed to set up the business by splitting everything evenly. Please make sure to share that with your legal council as well.

If we ever found ourselves in court and you had to swear under oath... "Did you agree to splitting all potential revenue in the manner described - 35% to each partner and 30% back to the company". I can only hope that you would have the integrity to give an honest answer.

The only thing that I am disappointed in is in your actions and dishonesty in both our personal and business relationship.

Please feel free to send this correspondence to your legal council if you see fit. I never saw that need, but now realize that I may have a need as well and will obtain legal advice and support as well.

I will mail your items to you this week, as I prefer to not have any contact with you or any members of your family.

Stephanie Teer

Graphic Brains













Expert:  Dimitry K., Esq. replied 11 months ago.
Stephanie,

I reviewed the emails. What specifically are your questions? How can I assist and what can I clarify for you?
Customer: replied 11 months ago.

In her emails she stated what and what did not belong to her specifically. I added and made clarifications to her email. Did I lose any of my creative ideas by answering her email? Here are the specifics?


 


Her paragraph?


 


"All works created together under the concept of Conservation Kids cannot be used which includes the Conservation Guides (which were formed with heavy input and creative direction from me and I have retained all paperwork and emails related to development), company name, logos and concept art, adoption kits or conservation themed interactive CD's. This also includes any other related items to these concepts"


 


My response.......and correction to that paragraph...


 


"With that said, I will not use the name Conservation Kids, nor will I use the concept for the adoption Kits as that was truly your original idea."


 


***************************


Do I lose the ability to go forward with that idea, even though she came with up that concept, I helped to develop it further with my ideas and research with vendors/wholesalers on how to make if feasible?


And can she say that anything "related" to the idea is not available for my business purposes?



******************



AND In these two paragraphs, which were written by me... Do I have the rights to make these claims, even though she feels differently?




I will not agree to not use any type of conservation themed interactive CD or any other format. That we developed together and if you feel that I cannot use those ideas then technically you can't use those either.


 


 


I maintain the right to utilize any type of technical format, interactive or not, for any of my conservation products. I personally feel that if you follow my vision of creating conservation products for children, they will each look different and it will just add to the abundance of making a difference in the world for endangered animals.

And last -- as I have mentioned, if before August 15, (the date when we had our disagreement and more or less chose to not work together)...


if she heard back from Scholastics and is honest about the fact that we were in fact in a verbal binding contract, would she be liable for the proceeds that we had lined out together when we began this venture? Did she break our agreement by not informing me?

Related to that, even though I have NOT submitted my publication to a publisher, would I be liable to provide those same percentage of revenues/profits to her? And until how long?


Hope this make it more clear. Thank you, Dimitry.

Stephanie Teer

 


 

Expert:  Dimitry K., Esq. replied 11 months ago.

Stephanie,

I will do my best to answer each of the concerns you posted. If I miss anything, please let me know and I will respond further.

In her emails she stated what and what did not belong to her specifically. I added and made clarifications to her email. Did I lose any of my creative ideas by answering her email? Here are the specifics?

You haven't lost anything but it would be wiser to no longer communicate going forward.

 

 

 

Her paragraph?

 

 

 

"All works created together under the concept of Conservation Kids cannot be used which includes the Conservation Guides (which were formed with heavy input and creative direction from me and I have retained all paperwork and emails related to development), company name, logos and concept art, adoption kits or conservation themed interactive CD's. This also includes any other related items to these concepts"

That is a correct understanding of intellectual property. Anything created out of the ideas is likewise protected. Both of you are equally barred from using IP that came from joint collaboration unless it remained in the business.

 

 

My response.......and correction to that paragraph...

 

 

 

"With that said, I will not use the name Conservation Kids, nor will I use the concept for the adoption Kits as that was truly your original idea."

That is not an issue.

 

 

***************************

 

Do I lose the ability to go forward with that idea, even though she came with up that concept, I helped to develop it further with my ideas and research with vendors/wholesalers on how to make if feasible?

Yes you did. Any further development is no longer personal but company based, and is owned by the business entity. Those are joint rights to the IP, not sole personal rights.

 

And can she say that anything "related" to the idea is not available for my business purposes?

Yes, she can, and she would be correct.

 

 

******************

 

 

 

AND In these two paragraphs, which were written by me... Do I have the rights to make these claims, even though she feels differently?

Yes, you can. but then it becomes a situation for the courts to figure out on who has the stronger claim in this instance.

 

 

 

 

I will not agree to not use any type of conservation themed interactive CD or any other format. That we developed together and if you feel that I cannot use those ideas then technically you can't use those either.

 

 

 

 

 

I maintain the right to utilize any type of technical format, interactive or not, for any of my conservation products. I personally feel that if you follow my vision of creating conservation products for children, they will each look different and it will just add to the abundance of making a difference in the world for endangered animals.

 

And last -- as I have mentioned, if before August 15, (the date when we had our disagreement and more or less chose to not work together)...



if she heard back from Scholastics and is honest about the fact that we were in fact in a verbal binding contract, would she be liable for the proceeds that we had lined out together when we began this venture? Did she break our agreement by not informing me?
No, she did not. You were no longer part of the entity, there is no further obligation. Leaving terminates liability and further obligation.

 

Related to that, even though I have NOT submitted my publication to a publisher, would I be liable to provide those same percentage of revenues/profits to her? And until how long?

Yes, you would, and for the remainder of time when you file and sell the items. Or until you independently later create an agreement under which you 'buy out' her interest if she agrees to sell it.

Hope this make it more clear. Thank you, Dimitry.

 

Stephanie Teer

 

You are most welcome, hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36960
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

Thanks Dimitry,


 


I am just a bit confused with this answer:


 


And last -- as I have mentioned, if before August 15, (the date when we had our disagreement and more or less chose to not work together)...


if she heard back from Scholastics and is honest about the fact that we were in fact in a verbal binding contract, would she be liable for the proceeds that we had lined out together when we began this venture? Did she break our agreement by not informing me?


*******


No, she did not. You were no longer part of the entity, there is no further obligation. Leaving terminates liability and further obligation.

Before August 15th, we were both still part of the entity -- even if she found out before August 15th, then are you saying that she still did not have to inform me?

In that regards, XXXXX XXXXX gives her a deal after August 15th, then is she liable to splits the proceeds, even though she broke the verbal partnership agreement?

If you don't mind, could you please just clarify on this?

Other than .... yes, you have a done a wonderful jobs of answering all of my questions. I will request you again when I need to pursue this further.

Thank you for your help, Dimitry :)
Expert:  Dimitry K., Esq. replied 11 months ago.

Stephanie,

Thank you for your follow-up. My apologies on the confusion, if there was an answer to a potential project that she failed to inform you about or failed to formally disclose, that is a fiduciary duty violation and breach of contract. You would be able to file and seek a portion of her profit since it would still then be considered to have been a partnership based venture. Sorry, I read the question to mean that she spoke with them AFTER and not before--my extreme apologies on that score.

Thank you very much for your comments as well, I really do look forward to helping you again, although I also hope that you do not need much of my assistance going forward :)

Please be well and good luck!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36960
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 7 other Legal Specialists are ready to help you

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