Quote:
Originally Posted by Barry-xlovecam
It's a civil tort -- lawsuit time if its worth the expense to you.
Work For Hire
Depends on the contract that you made.
Always get a transfer of ALL copyright to you with the invoice that you pay for the work done [ 'a work made for hire' ] 
Trying to enforce Promissory Estoppel and Detrimental Reliance in a lawsuit is a legal pissing contest if the contract and the copyright assignment are not in writing. |
+1 - and its not usually worth the expense.
What most people forget in civil lawsuits are damages. Most people are focused on "hey they breached a contract."
The real issue is - how have you been actually, monetarily damaged by the breach ?
How much money did you lose by the breach ? And can you prove it beyond a doubt. Damages requested in a lawsuit cannot be speculative. You cannot say "I would have made a $1 million dollars from this idea." Not good enough... You will need to show a an actual loss of revenue to be awarded damages by a court.
This is why lawyers write liquidated damages clauses into NDAs and confidentiality agreements. Both parties agree if the contract is breached there a set amount amount of damages to be awarded, usually along with attorney's fees and costs. I have written liquidated damage clauses that ranged from $10,000 for a breach NDA up to $100,000 for a breach of celebrity's confidentiality agreement.