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.
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
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