[quote]BostonBarrister wrote:
Good points.
You’ll need to establish that the information and arrangement wasn’t in the public domain. It’s like the analysis we did relating to cookbooks a while back relating to whether they are copyright protected – if the recipes are out there in the public domain, it’s hard to get argue they’re protected. There can be more protection on the arrangment and other items that it’s clear the author created – but that’s assuming you actually get the copyright protection. IP is a different animal from regular property, and from services.
That’s the difference from the haircut kayrob – if the company had hired Action to produce this, and then took it and had not paid him for the labor, that would be analogous. Taking something he actually gave them, and didn’t restrict contractually, is another matter.
There may indeed be an implied contract/unjust enrichment claim - but just remember that verbal contractsa aren’t worth the paper they’re written on, and implied contracts don’t even rise to that level. You will essentially need to prove each element of the issue without any written proof other than your proof of authorship – that may be a tough row to hoe.
Also, damages might be limited to disgorgement of profits, which, if they haven’t made any (or if they’ve only made minimal profits) might be de minimus.
BTW, I PMed you – send me your email and I’ll send you a form of Non-disclosure Agreement you can use in the future.
Good luck.[/quote]
Thanks for the form, I will put it to good use in the future. It was a cheap lesson to get burned like this, and your advice has clearly shown me the path for future situations like this.
Thanks again,
Jackson