Austin, TX asked in Intellectual Property, Employment Law and Business Law for Texas

Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract, but it is on the program's website and my boss says she mentioned it to me when we spoke (I don’t recall this as I would certainly have negotiated at that time). I was an independent contractor and had other duties in addition to the workshop. I was also exclusively employed by the program during those six weeks.

1 Lawyer Answer
Allison Higgins
Allison Higgins
  • Helotes, TX
  • Licensed in Texas

A: You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.

It also would depend if there is an integration clause in the contract that excludes any prior oral agreements.

A copyright attorney would need to read the contract in full to determine any rights and remedies you may have. Feel free to contact me if you have any questions. I am a licensed IP and business lawyer located in San Antonio, but I serve clients all over the state.

Timothy John Billick agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.