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This One Is Tricky!!!

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It invloves Coipyright infingement, Intellectual Theft (Federal because it crossed state lines).

First there were 2 partners. One partner had the idea to create a nude tattoo magazine. So both partners begane to find the people to help facilitate the idea. I was to be brought on as the editor/designer of the mag. I signed a non-compete non disclosure but never signed on as an employee or company official.

I created a mock design for the sales team as to what the fully produced magazine may look like. I presented the partners with the idea, they liked it and printed 50 copies to be used as sales tools. It was assumed that i was to receive compensation after the magazine began to make money.

In the next few weeks, the 2 partners began to disagree on the direction of the magaizine as well as financial responsibility.

partner b verbally(only) expressed his desire to end the partnership.He then in turn decided to start his own magazine.same concept, but a slight different direction. assuming the partnership had been dissolved, i was asked by partner b to work with him and start the new mag.

i designed a new mock magazine for sales, and produced 2 issues which have gone to print. I did not use any of the same content or imagery of the first mock. Although the conecpt was the same, they had not even produced a first issue (mainkly because that would have been my responsiblity)

partner a is now threatening to sue for intellectual theft, copyright infringment, and to quote"stealing his idea"

my issue is, partner a is basing their whole case on a mock magazine that i created and never received compensation for. I sent an email informing them that i would no longer wish to be a part of their magazine. If i copied their idea( the mock magazine) it was my format(his idea or concept) how can they sue me for something they never even payed me for?

and can they sue for an idea if i didnt use any content or images (which i created in the first place)?

Submitted: 406 days and 11 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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orlando, Florida

Already Tried:
nothing

Posted by PaulMJD 406 days and 10 hours ago.

Answer

They can try to sue, but the non-compete/non-disclosure generally is void without receiving consideration for the signing and since you were never given employment or paid, it is likely to be void. Similarly, since you never received payment (consideration), the original works you designed remained your property and you retained rights in them. If there were no other written contracts to the contrary, these rules apply and he can try to sue, but would likely fail and I would suggest a countersuit for payment of the money for the work you did.


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406 days and 10 hours ago.

Reply

As to the part where he says i "stole his idea" Can you sue for that? I did start a tattoo magazine with the same concept and he did introduce me to the idea. But i did not use any pre existing content or imagry.

Posted by PaulMJD 406 days and 10 hours ago.

Answer

Sure, he can try to sue for that, but the fact that you are working for his former partner, partner b, that argument is between partner a and partner b. Additionally, even if you took the idea, if you can show the idea was merely similar, but not identical, then you can defend the claim fairly easily especially if partner a did not register his copyright.

406 days and 10 hours ago.

Reply

but the only thing he could register is the mock that i made

Answer

No, he could register his idea, not the format, but the concept. The format itself is an original work and you still own the rights to that.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
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Answered: 10/13/2008

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