www.intelproplaw.com The Intellectual Property Law Server www.intelproplaw.com

This forum is no longer operational. Here are the New Forums.

Re: Can I do anything about this?


[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]

Posted by M. Arthur Auslander on July 24, 2003 at 07:22:46:

In Reply to: Can I do anything about this? posted by John on July 23, 2003 at 06:32:26:

: I worked as a development manager for a multimedia company that produced online e-learning courses for Fortune 50 companies. The company employed about 40 people that produced these courses. With about 60 employees total.

: In January of last year, we came into work one day and they anounced the company was closing immediately. They said they had run out of money and our paychecks that had been depoisted into our bank accounts would all be reversed as there was no money in the companies account to cover the payroll. So non of the employees were paid for their last 2 weeks of work at the company. Some were actually not paid for the last 4 weeks as the banks reversed even more deposits to cover their own loss.

: At that point the company went into bankruptcy and the employees were never paid anything. The assets were all turn over to the main Venture Capital Invester, since it turns out they had given their last $100,000 to the company a few weeks before and the company put all of the assets up as collateral for the $100,000 loan.

: Well, after the company is closed, we find out that the previous CEO and his partner, then purchased much of the work (source files) that was in the process of being developed. They then finish the projects collect the money for the projects and give the VC a percentage of the sales.

: Also, another company purchased source files from other contracts and finished a couple of other contracts.

: All together, the completed contracts paid $300,000 to $500,000. And 98% of the projects were completed by the original company and the employees.

: Now, my question is...
: The employer would normally own the copyright of the work. But, since the employer did not hold up to the employer-employee relationship during the last 2-4 weeks of the orignal company's existance (they never paid the employees paychecks, taxes, or insurance). Do the ex-employees own copyright to the wirk they did during that time?

: These projects were sold to companies such as IBM, GE, Zurich, and Pepsico. The projects are mostly still in use today.

: Any info, advice, and background into a situation of this nature is appreciated.

Dear John,
Sounds very complex. Much could depend on written employment contracts. I don't think non payment of the wages is the legal issue.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®



Follow Ups:



Post a Followup

Name:
E-Mail:

Subject: Re: Re: Can I do anything about this?

Comments:

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any copyright or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.


This is the Old Copyright Forum. It is no longer operational.
Click Here to go to the New Forums.


Pages: 1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133  134  135  136  137  138  139  140  141  142  143  144  145  146  147  148  149  150  151  152  153 

www.intelproplaw.com The Intellectual Property Law Server

Old Copyright Forum
www.intelproplaw.com