Is this legal?

Professor Smooth · Post by **Professor Smooth** » Wed Jan 11, 2006 2:58 am

A few years ago, I worked for a local restaurant. They knew that I'm something of a writer so they asked me to pen a small blurb advertising their new healthy-alternative menu. I did and, as "payment" they credited me on the advertisements. I left the place (on good terms) a little over a year ago. In yesterday's advertisements, though the same article I wrote is being used to advertise the healthy-alternative menu as now being available at another of their locations. This time, my name has been removed. They did not contact me about reprinting it.

I'm more upset that they didn't include my name on it than I am that they reprinted it (even though they did not get permission).

Post by **Denyer** » Wed Jan 11, 2006 4:32 am

If it was produced during work hours, it's probably theirs.

Professor Smooth · Post by **Professor Smooth** » Wed Jan 11, 2006 9:13 am

Denyer wrote:If it was produced during work hours, it's probably theirs.

It wasn't. It was produced at home, on my own time.

Obfleur · Post by **Obfleur** » Wed Jan 11, 2006 9:37 am

Walk in to one of their restaurants and stand in front of a stove.
Then with a calm voice say "If you don't add my name, I'll put my face against the stove and sue your ass for having a hot stove standing around. America, [composite word including 'f*ck'] yeah!"

Problem solved.

Post by **Denyer** » Wed Jan 11, 2006 5:02 pm

Professor Smooth wrote:It wasn't. It was produced at home, on my own time.

Down to the verbal/written contract with the original manager then. Whether they purchased or licensed by their 'renumeration' of credit on the initial printing. Not that I'm an IP lawyer or anything, but I'm fairly sure it'd come down to challenge of a verbal contract.

wideload · Post by **wideload** » Thu Jan 12, 2006 2:19 am

not sure about how the law works in the states, but in canada you would probably need some sort of contract either verbal or written for them to take it. That contract would have to involve one of three things
1) consideration - meaning they gave something back to you
2)a written document under seal saying you gave it to them
3)estoppel - this is basically a promiss you made to them that they could rely on. ie. you promissed it to them and they printed a bunch of menus based on this promiss.

Honeslty not sure how much this means to you, but it sounds like they might owe you some compensation. After all, what they've done doesn't really seem fair. I'm still a law student and not an expert on this stuff though.