QUESTION
My work has been published under flase pretenses. Do I have any legal recourse?
Asked on Jul 18th, 2012 on Intellectual Property - California
More details to this question:
At the beginning of the year I joined a starup company as an unpaid intern, 3 weeks later I quit when the company started having issue with financiers. At the urging of his boss, my brother solicited me to rejoin the company and provide content for their website. It was made clear to all persons in the office that the company would be recieving a large budget including several months salary, but beyond that, no one has spoken to me directly in specifics about whether or not I am employed, what if any compensation I would be recieving or when, nor have I been presented or signed and documents.
As of this afternon My brother was let go, and though I have requested clarification as to the state of my employment, I have recieved no response. Yet, for the last two weeks much of my meterial has been published on the site, including publishing works after I asked if I was an employee.
I also was just informed that the owner was not even aware that I was an employee once more, and assumed th
1 ANSWER
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The answer is "probably not." As a general matter, an employee who creates a work of authorship in the course of furtherance of his employment has created a work made for hire owned by the employer. The relationship is not particularly affected by the amount or terms of the author's compensation. You understood that your work would be used in this way when you were re-hired and you accepted your zero salary without objection. This sounds like a very difficult case for the plaintiff.
Answered on Jul 19th, 2012 at 2:02 AM