Copy Right infrigment of Independent Contractor's work

[krjennings]

During the last ~16 months, I worked as an independent contractor for a company. My job was at first to review the legitimacy of nutrition information provided by the company (I am a Registered Dietitian/small business owner). From there, it grew into creating a complete nutrition program that included writing an ebook, creating an online nutrition coaching/counseling program based on the one I'd created for my company over the years, and actually providing the coaching. I worked in good faith on the ebook and creation of the coaching program as I was told I would be able to charge royalties for the coaching program. I used content that I had previously created for my own business for both the ebook and coaching. I was paid for all my hourly work according to our agreed upon rate. The program, including the ebook and coaching, has been sold online for several months.

Since this began, the employee who first came to me with the idea for writing an ebook, but no content, added his name as an author to the book. ~5 months ago, the company took on a new business partner who also added his name as an author. I was somewhat "steamrolled" by this and made to feel that I should be grateful that they were keeping me on as an independent contractor although they may not need me in the future (the new business partner has a background in nutrition). I did not know my rights at the time as an independent contractor/author. The first added author only "authored" one paragraph in the introduction portion of the ebook, telling his weight loss story, and the 2nd added author wrote 3 paragraph in the introduction of the ebook promoting another one of his books. 100% of all other content in the ebook was created and authored by me.

Now, my contract with the company has been terminated, and I have been told that the company is handing off the coaching to another company. They only want to pay me for a few more hours of work so that I can teach the new company how to operate my coaching program (as if).

I believe that all the content I wrote for this company is mine copyright 100% - I was neither an employee nor did I sign a "Work for Hire" agreement (or any document for that matter). I believe the addition of the authors' names and the company copyright statement on the ebook was illegal (I didn't realize it at the time they were added). My plan, at this point, is to provide them with a Cease and Desist letter demanding that cease use of my work and provide written assurance. I would consider selling the work in a non-exclusive agreement with them. If they don't respond, my plan is to hire and lawyer and proceed as directed.

My question: am I right that it's 100% my copyright and is my plan appropriate?

Thanks for any help!

 

[army judge]

Before you give them any letters or "tip your hand", I suggest you speak with a couple of attorneys about this saga.

Because you possessed no specific contract, there could be a few glitches that might thwart your plan and idea.

The initial consultation is normally free. It'll cost you some time, but might save you a great deal of future embarrassment and avoid you becoming the brunt of a civil lawsuit!

 

[Michael Wechsler]

I agree with army judge -- this is a case sensitive matter. The details you may not consider important may be important. Whenever there is no specific contract, it always complicates matters and frequently it may come down to leverage as to who has the upper hand.