Q: Advice on Response to a Cease and Desist Letter
I am an independent contractor providing creative services to my client. In our agreement, I included a section in which my client represents that all of their creative materials I may be using, modifying, repurposing, etc., are the property of my client OR that my client has permission to use them. However, I recently received a Cease and Desist Letter from the PREVIOUS contractor doing the work. She is claiming she owns the IP and my client (or anyone working on the client's behalf) does not have permission to use the materials. What should my response be to the C&D letter given there is an open dispute over who owns the IP? Thanks in advance for any help you can provide.
A:
First you should bring to the client's attention that a dispute may exist regarding whether the materials from the former contractor are "works for hire", and ask whether the former contractor's engagement contained a written provision to that effect. Ask for a copy of that agreement for assurance.
In the meantime, respond to the former contractor that you relied on the client's representation that the materials were created as works for hire, and ask for any evidence that they were not.
If the cease and desist demand came directly from the contractor and not from an attorney, perhaps the contractor does not understand the law.
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