Consumer Law, Warranties Withholding payment until "Do not compete" is signed

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camerashyvideo

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Hello,
I am an independent freelance video producer, and I have a small problem with a client concerning "Do-Not-Compete" contracts. Here is my question:

Is it legal for a client (freelance based) to withhold payment on a product already finished and delivered, until you sign a do not compete contract?

My client has recently given me a do not compete contract, and they have put holds on my previous invoices until I sign it… These invoices were given to them before mention of any do not compete contract. This just doesn't seem legal.

Essentially they are threatening me with non-payment if I do not sign their contract. They have all of the masters and finished products in hand. Usually I do not give the product until I have been paid, but this client is someone that I have worked with for quite some time now, and they always pay on time… until now.

Another question is, the product that they have not paid for is being sold and distributed by them. Since I have not been paid, is this a copyright infringement on their part? I was responsible for shooting the footage, editing the footage, and creating the final DVD that the footage is packaged in. Once again, I am not an employee, and there was no "work-for-hire" agreement signed. I have signed no contracts with them prior to this work.

Thank you.
 
Camera - I suggest you talk to a copyright attorney to see exactly where your case falls when it comes to lack of contracts but product delivered and distributed. Consider taking your client to small claims court to recover for the invoice that has not been paid. Holding someone hostage due to the fact that they want to force you to sign a non compete is not very ethical. Hope this helps!
 
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