http://keepyourcopyrights.org/copyright/rights/work-for-hire

The client who contracted me for the work responded to my threat by citing the “works made for hire” clause of the US Copyright Law. He then threatened to sue me for damages if I contacted his clients.

I have some questions, though? Could content I’ve never been paid for actually be considered “works made for hire?” Wouldn’t this portion of the contract be null and void if no payment has been made for the content but it’s been published anyway? Wouldn’t I have a right to claim the copyright until payment is received as stipulated by our contract? My contract with this particular client doesn’t explicitly state this, but to me, “works made for hire” equals “works paid for” and not “works pirated.”

I having some trouble interpreting the actual meaning of “for hire” in the US Copyright Law. I plan to consult an attorney but I thought I’d post here to see if anyone has encountered a similar a situation and has any advice. Any light shed on this would be most appreciated.

An anonymous commenter on my blog said that s/he was an editor for LCP, and that they were all sent letters end of last week regarding a “change of direction.” (By the way, she reports that NONE of the editors have been paid yet. Apparently Hope hasn’t, either.)

This commenter says that s/he recognized the ads on elance because they match LCP’s new plans.

http://www.scriptlance.com/projects/1191298262.shtml

- I will not use a third part escrow system.
- Please do not ask for advance payments or miles stones; please do not ask for some payment after you complete one, two, or three sites. I have been there and done that and was ripped off. Sorry just like bad buyers there are providers who lie about their skills, work, and take peoples money. I lose money you loose work. I rather have my $2000 in my hand.
- You must meet the first deadline. At that deadline all sources files must be delivered on time. You must meet the second deadline at that point all sources files must be delivered. I will require our people to test your work before payment and we will ask you to fix any problems before we pay out.
- You will be paid in full through Pay Pal, or Bank Transfer. No Western Union or Money Gram.
- Must provide samples of your work and do a mock up to show design quality.

I have no idea if this company is LCP in disguise but if it is, definitely beware and even if it isn’t the payment terms are very rough and they give themselves many outs

Thanks for the tip. Will do. WR
Sent from my Verizon Wireless BlackBerry

—–Original Message—–
From: “Kathy Neilsen”

Date: Thu, 27 Sep 2007 13:40:36
To:
Subject:

This letter was sent to dozens of writers after writers raised concerns over legitimacy of company Laray Carr. Google it if your interested on the sordid details

I found out about Quincy Laray Carr on Wednesday and I’m working on it. Police haven’t done anything with this case, yet. They haven’t been able to find him.

Tereasa

There may be justice after all

I love that. I may start using it with new clients. I have one right now I’m trying to get to “remember” to pay. Thanks!

You should also write in your proposal or contract that “Copyright remains with the author until payment is received in full.”

I’m usually pretty instinctive, especially when it comes to gut reactions about people. But I can honestly say I probably would have had the same thing happen to me in your case. It’s really too bad.

I am glad Deb’s blog is here, and sites like Writers Weekly and Writer Beware, so people can read about this kind of stuff and learn what to do to protect themselves.

The trouble you’ve gone through and not being able to find her to serve her is the sort of thing I’m talking about. In theory, it sounds easy to take someone to court, but it’s usually a lot more difficult than it first seems. I do hope you’ll be able to do some kind of public records search and find her, especially if your case hasn’t been dismissed yet.

Thanks for posting the link to your story. I don’t frequent Writers Weekly as much as I probably should, so I hadn’t read about this one. Since I’m in the Chicago area, I always like to be aware of folks like this who operate close to home. The sad thing to me is that she was operating a non-profit for helping women adjust after difficult times? Wow.

Thanks for YOUR kind words! Your “It does work!” comment really touched me. ♥

I started asking for 50% “good faith” deposit from clients. I don’t start working until I receive the deposit. I don’t have the time or patience to sit around wondering if I’m going to get paid.

An alternative is to do the work and receive payment in increments. So, you turn in 25% of the work and get paid 25% of the total. You do another 25% of the work and get paid another 25% of the total, until the work and payment is complete. This is a very good approach for larger projects.

I’ve contacted the web host twice now and though in one case I didn’t get my money because the woman hand purchased the articles from one of the sites like Constant Content, I did get the byline at least, and she went to Constant Content to register a complaint with them. The other time, the person was very willing to pay up in order to get his site back up and running.

http://www.writersweekly.com/this_weeks_article/004269_09192007.html