Re: Getting a Client to Pay

Subject: Re: Getting a Client to Pay
From: Peter <pnewman1 -at- home -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 26 Oct 2001 06:16:30 -0400

david -dot- locke -at- amd -dot- com wrote:
> As a first step, I wouldn't talk to them about payment if they have gone beyond Net 30, I would get an injunction on shipping the product. If they haven't paid you, the work for hire provision in their contract won't be valid, and you still own the copyright. Of course, this only works for software vendors. It wouldn't work for internal IT jobs. Getting standing to get into Federal Court might be difficult if they don't own you more than $10K, but if they sell more than $10K of product that might be enough.

Your well intentioned posting illustrates the danger of a layman
dispensing legal advice. There are several prongs to standing to bring
an action in Federal Court. The dollar amount (well over $10,000, is
only applicable in cases of diversity, (actions between residents of
different states.) An action based upon copyright violation, which is a
Federal question may be brought regardless of the amount involved. That
is all I feel it appropriate to say on the subject, except that a
competent lawyer should always be consulted when considering options.

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RE: Getting a Client to Pay: From: david . locke

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