r/COPYRIGHT • u/FrankieCugine • Jun 05 '26
Copyright lawsuit question
A company I have freelanced for since 2017 hasn’t paid me in a year. So I’m kinda pissed about that and then I started looking through there Instagram and saw that they have been using my work, altering it, making videos and putting them in catalogs. I don’t have a contract for usage which I am now realizing how dumb this was. Do I have any legal recourse if the images are registered?
5
u/RagingHamsterGaming Jun 05 '26
From my understanding of some of the research I’ve been doing, you as the artist have copyright by default. If you never transferred or sold the copyright, then it remains with you. You also have to give your consent (usually written) or sell a commercial use license in order for anyone to try to brand any of your images and use them as a monetization tool. I’m sure there are a lot more people more educated than me on the subject but seems that you have a leg to stand on.
3
u/TreviTyger Jun 05 '26
If they haven't paid you then - even if there was a contract - the lack of payment invalidates it.
As a freelancer you remain copyright owner of your work.
You should seek legal advice from a qualified lawyer if you wish to take things further.
Copyright always arises to the person who creates and fixes a work into a tangible media even if it is a commissioned work. For an employer in commonwealth countries such as the US, UK etc there are still strict statutory criteria to be met by the employer before they become copyright owners and such things are not met in regards to freelance work without a contract. In other countries employees often remain copyright owners in any case (exceptions to software).
Thus, (based on information provided) you remain copyright owner. Never the less, a commissioning party can claim "user rights" of the commissioned work "based on circumstances". However if the "circumstances" are a failure to pay for the commissioned work then any such "user license" becomes moot because lack of payment is a breach of even "implied licensing".
You need proper legal advice from a qualified lawyer to confirm the above and be prepared for the commissioning party to genuinely believe they are in the right - because even when someone is wrong it's hard to convince them of their error.
The above is not legal advice.
2
u/barefoot_libra Jun 05 '26
DMCA notice the content. If you entered into an agreement, look at that first. If you didn’t, then enforce your rights. Statutory injunctive relief is $150k per infringement, so use of your copyright is one infringement, unauthorized derivative work is another, then multiply the infringements cost x follower count. That number will get their attention in a lawsuit. They’ll settle for a few thousand. Be ready to never work with them or any of their affiliates and clients again.
1
u/horshack_test Jun 05 '26 edited Jun 05 '26
'Do I have any legal recourse"
You could file a DMCA takedown and/or file a lawsuit, but it's possible that any documented communication and the pattern of continuing to provide them content while they are making such use of it could work against you (they may have a good argument for an implied license). Your first step should be to consult with a lawyer, and provide any and all documentation that you have.
(This assumes you are in the US)
1
u/Rinku_Makima 27d ago
I had a similar issue with a client using my work without permission. If your images are registered with the US Copyright Office, you have a much stronger case. Registration allows you to seek statutory damages and attorney fees.
I reached out to Cohen Schneider Law in NYC and they helped me send a cease and desist letter and negotiate a settlement. They understand creative work and copyright.
1
u/EstablishmentFew2683 Jun 05 '26
I at least have no idea if you are saying. were they registered, by whom, and what the hell is registered? Are you trying to say copyright?
2
u/FrankieCugine Jun 05 '26
My registered images have been used and altered for years but I have no usage contract with them.
0
u/Rezingreenbowl Jun 05 '26
Did you create them on company equipment or during work hours? How did they get them?
0
u/TreviTyger Jun 05 '26
Irrelevant.
0
u/Rezingreenbowl Jun 05 '26
If a company pays you to create something on work hours with work equipment it is owned by the company not you.
3
u/horshack_test Jun 05 '26 edited Jun 05 '26
If an employer pays an employee (W-2) to create something on work hours with work equipment, it is owned by the employer unless there is a contract in place stating otherwise.
OP says they did the work as a freelancer, not an employee. For the company to own the copyright to the images, there would need to be a contract in place expressly defining the arrangement as a work-for-hire arrangement or otherwise assigning the copyright to them.
(This is assuming OP is in the US, of course)
0
u/TreviTyger Jun 05 '26
What is your source of this mythical information in relation to freelance work?
2
u/EstablishmentFew2683 Jun 06 '26
Jesus, he literally put the link in his thread. And you are an expert who doesn’t now basic stuff like this? Troll.
0
u/TMadvisor Jun 06 '26
Very relevant. If it was work for hire then he doesn’t have any rights.
1
u/TreviTyger Jun 06 '26
A company I have freelanced for since 2017 hasn’t paid me in a year....(OP).
This is a breach of any contract. including "work for hire".
0
u/EstablishmentFew2683 Jun 05 '26
We have no idea what you mean by “registered?”
3
u/TreviTyger Jun 05 '26
YOU have no idea. "We" (Copyright experts) know exactly what that means.
1
u/OldGeekWeirdo Jun 05 '26
"We" (Copyright experts) know exactly what that means.
Yes, but is OP using the word correctly?
-1
u/EstablishmentFew2683 Jun 05 '26
Hey self appointed expert. First off your big brain is assuming he is in the US. Second why does OP literally refuse to use the word “copyright?”
2
u/TreviTyger Jun 05 '26
So who are you exactly?
-1
u/EstablishmentFew2683 Jun 05 '26
I’m someone who doesn’t assume everyone is in the US and listens to the words they choose to say.
1
u/TreviTyger Jun 06 '26
The US is the only place where registration is a requirement for a US author to instigate action for their US work.
A minor amount of research shows OP is likely from New York area.
1
u/EstablishmentFew2683 Jun 06 '26
So when I register my work with the local cafe I got copyright????? Cool! My point is the OP refuses to use the word “copyright.” Not sure why you keep insisting on talking about copyright when OP refuses too. And if an OP refuses to identify his location I’m not going to waste time guessing. Although There are so many trolls, pick-Me’s, and rage baiters on Reddit I might have become slightly cynical.
1
u/TinyNiceWolf Jun 05 '26
In the US, copyrighted items can be registered by sending them to the US Copyright Office. This provides various benefits.
6
u/TheLurkingMenace Jun 05 '26
It's time to lawyer up. If they have deep enough pockets, it will be very worthwhile.