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	<title>Comments on: How to handle a deadbeat client</title>
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	<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/</link>
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		<title>By: Jodee</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-2/#comment-31266</link>
		<dc:creator>Jodee</dc:creator>
		<pubDate>Thu, 10 Jul 2008 10:38:47 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-31266</guid>
		<description>@ Paul: I&#039;m not a lawyer, but my understanding is that until you have been paid, the work still belongs to you. This link may be helpful, too:

http://keepyourcopyrights.org/copyright/rights/work-for-hire</description>
		<content:encoded><![CDATA[<p>@ Paul: I&#8217;m not a lawyer, but my understanding is that until you have been paid, the work still belongs to you. This link may be helpful, too:</p>
<p><a href="http://keepyourcopyrights.org/copyright/rights/work-for-hire" rel="nofollow">http://keepyourcopyrights.org/copyright/rights/work-for-hire</a></p>
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		<title>By: Paul</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-2/#comment-31250</link>
		<dc:creator>Paul</dc:creator>
		<pubDate>Thu, 10 Jul 2008 06:10:49 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-31250</guid>
		<description>I&#039;m dealing with a client who is 7 weeks delinquent in paying me. The content I wrote is live on the websites for which they were written. All my attempts to contact him via email and by phone were unsuccessful until I threatened to contact the website owners and inform them of the situation and request the content be taken down due to copyright infringement if payment wasn&#039;t received within 48 hours. 

The client who contracted me for the work responded to my threat by citing the &quot;works made for hire&quot; 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&#039;ve never been paid for actually be considered &quot;works made for hire?&quot; Wouldn&#039;t this portion of the contract be null and void if no payment has been made for the content but it&#039;s been published anyway? Wouldn&#039;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&#039;t explicitly state this, but to me, &quot;works made for hire&quot; equals &quot;works paid for&quot; and not &quot;works pirated.&quot;

I having some trouble interpreting the actual meaning of &quot;for hire&quot; in the US Copyright Law. I plan to consult an attorney but I thought I&#039;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.</description>
		<content:encoded><![CDATA[<p>I&#8217;m dealing with a client who is 7 weeks delinquent in paying me. The content I wrote is live on the websites for which they were written. All my attempts to contact him via email and by phone were unsuccessful until I threatened to contact the website owners and inform them of the situation and request the content be taken down due to copyright infringement if payment wasn&#8217;t received within 48 hours. </p>
<p>The client who contracted me for the work responded to my threat by citing the &#8220;works made for hire&#8221; clause of the US Copyright Law. He then threatened to sue me for damages if I contacted his clients. </p>
<p>I have some questions, though? Could content I&#8217;ve never been paid for actually be considered &#8220;works made for hire?&#8221; Wouldn&#8217;t this portion of the contract be null and void if no payment has been made for the content but it&#8217;s been published anyway? Wouldn&#8217;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&#8217;t explicitly state this, but to me, &#8220;works made for hire&#8221; equals &#8220;works paid for&#8221; and not &#8220;works pirated.&#8221;</p>
<p>I having some trouble interpreting the actual meaning of &#8220;for hire&#8221; in the US Copyright Law. I plan to consult an attorney but I thought I&#8217;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.</p>
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		<title>By: Kathy Neilsen</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-2/#comment-3659</link>
		<dc:creator>Kathy Neilsen</dc:creator>
		<pubDate>Tue, 02 Oct 2007 23:31:46 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3659</guid>
		<description>I&#039;ve been in contact for a while with one of the editors and was told somewhat the same story. This editor however chose to leave, not knowing if pay will ever be received.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been in contact for a while with one of the editors and was told somewhat the same story. This editor however chose to leave, not knowing if pay will ever be received.</p>
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		<title>By: Katharine Swan</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3658</link>
		<dc:creator>Katharine Swan</dc:creator>
		<pubDate>Tue, 02 Oct 2007 23:25:11 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3658</guid>
		<description>Deb,

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 &quot;change of direction.&quot;  (By the way, she reports that NONE of the editors have been paid yet.  Apparently Hope hasn&#039;t, either.)

This commenter says that s/he recognized the ads on elance because they match LCP&#039;s new plans.</description>
		<content:encoded><![CDATA[<p>Deb,</p>
<p>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 &#8220;change of direction.&#8221;  (By the way, she reports that NONE of the editors have been paid yet.  Apparently Hope hasn&#8217;t, either.)</p>
<p>This commenter says that s/he recognized the ads on elance because they match LCP&#8217;s new plans.</p>
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	</item>
	<item>
		<title>By: Kathy Neilsen</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3657</link>
		<dc:creator>Kathy Neilsen</dc:creator>
		<pubDate>Tue, 02 Oct 2007 23:16:34 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3657</guid>
		<description>See the last remark as well as a few others here
http://accrispin.blogspot.com/2007/09/victoria-strauss-laray-carr.html</description>
		<content:encoded><![CDATA[<p>See the last remark as well as a few others here<br />
<a href="http://accrispin.blogspot.com/2007/09/victoria-strauss-laray-carr.html" rel="nofollow">http://accrispin.blogspot.com/2007/09/victoria-strauss-laray-carr.html</a></p>
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	</item>
	<item>
		<title>By: Deb</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3693</link>
		<dc:creator>Deb</dc:creator>
		<pubDate>Tue, 02 Oct 2007 23:10:38 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3693</guid>
		<description>I don&#039;t unerstand. Why do we think this is LCP?</description>
		<content:encoded><![CDATA[<p>I don&#8217;t unerstand. Why do we think this is LCP?</p>
]]></content:encoded>
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	<item>
		<title>By: Katharine Swan</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3692</link>
		<dc:creator>Katharine Swan</dc:creator>
		<pubDate>Tue, 02 Oct 2007 22:52:29 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3692</guid>
		<description>It looks like they are also advertising on scriptlance.com under the username liveweb:

http://www.scriptlance.com/projects/1191298262.shtml</description>
		<content:encoded><![CDATA[<p>It looks like they are also advertising on scriptlance.com under the username liveweb:</p>
<p><a href="http://www.scriptlance.com/projects/1191298262.shtml" rel="nofollow">http://www.scriptlance.com/projects/1191298262.shtml</a></p>
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	<item>
		<title>By: Kathy Neilsen</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3691</link>
		<dc:creator>Kathy Neilsen</dc:creator>
		<pubDate>Tue, 02 Oct 2007 22:40:50 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3691</guid>
		<description>I got this from another blog. Someove voicing concerns that LCP may be operating under another name over at elance. The name of the service buyer is cmcgroup and they have several ads requesting editors, designers and even a pro-bono attorney. This is a snippit of the ad regarding payment

- 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&#039;t the payment terms are very rough and they give themselves many outs</description>
		<content:encoded><![CDATA[<p>I got this from another blog. Someove voicing concerns that LCP may be operating under another name over at elance. The name of the service buyer is cmcgroup and they have several ads requesting editors, designers and even a pro-bono attorney. This is a snippit of the ad regarding payment</p>
<p>- I will not use a third part escrow system.<br />
- 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.<br />
- 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.<br />
- You will be paid in full through Pay Pal, or Bank Transfer. No Western Union or Money Gram.<br />
- Must provide samples of your work and do a mock up to show design quality.</p>
<p>I have no idea if this company is LCP in disguise but if it is, definitely beware and even if it isn&#8217;t the payment terms are very rough and they give themselves many outs</p>
]]></content:encoded>
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		<title>By: Kathy Neilsen</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3690</link>
		<dc:creator>Kathy Neilsen</dc:creator>
		<pubDate>Fri, 28 Sep 2007 14:25:40 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3690</guid>
		<description>Another encouraging reply and one that will hopefully keep LCP in the negative news wise on the web

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

-----Original Message-----
From: &quot;Kathy Neilsen&quot;

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</description>
		<content:encoded><![CDATA[<p>Another encouraging reply and one that will hopefully keep LCP in the negative news wise on the web</p>
<p>Thanks for the tip. Will do.  WR<br />
Sent from my Verizon Wireless BlackBerry</p>
<p>&#8212;&#8211;Original Message&#8212;&#8211;<br />
From: &#8220;Kathy Neilsen&#8221;</p>
<p>Date: Thu, 27 Sep 2007 13:40:36<br />
To:<br />
Subject:</p>
<p>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</p>
]]></content:encoded>
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		<title>By: Micah</title>
		<link>http://www.freelancewritinggigs.com/2007/09/how-to-handle-a-deadbeat-client/comment-page-1/#comment-3689</link>
		<dc:creator>Micah</dc:creator>
		<pubDate>Fri, 28 Sep 2007 14:14:23 +0000</pubDate>
		<guid isPermaLink="false">http://203.109.92.175/sekhar/freelance/?p=206#comment-3689</guid>
		<description>Great news! Keep us posted! I hope they find him.</description>
		<content:encoded><![CDATA[<p>Great news! Keep us posted! I hope they find him.</p>
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