Annoyed

[scrabble]

As work for hire, I have no rights to it. I was paid, and there went my rights. Now, the contract has a proviso for me to be paid an additional amount based on print sales, and I had an agreement with Hunter that that would also apply to PDF sales, and from that I haven't seen a cent. So I could make a case on that basis, but with Hunter in Alabama, and me in British Columbia, it would be too much of a pain.

A further question, as I have no knowledge of the legalities in such a situation: If QLI were contractually obliged to pay you additional royalties from the PDF sales, would their failure to pay those royalties not count as a fundamental breach of contract on the part of QLI? And if that was the case, would that not void the contract or allow you to terminate it as the aggrieved party?

 

[E.D.Quibell]

A further question, as I have no knowledge of the legalities in such a situation: If QLI were contractually obliged to pay you additional royalties from the PDF sales, would their failure to pay those royalties not count as a fundamental breach of contract on the part of QLI? And if that was the case, would that not void the contract or allow you to terminate it as the aggrieved party?

It depends on the contract that was in place between QLI and Colin, and any termination clause within (if any).

If there is evidence that there should be royalties being paid from QLI to Colin for PDF sales, and this is not happening then QLI are in breach, yes. If in breach then Colin can require QLI to stop selling the PDF, until they forfill their obligations (pay him the royalities), and can sue for those royalties (and damages (that could include the rights)) if QLI does not.

I don't think there is a direct case for claiming the rights back due to the original work for hire arrangment (IANAL by the way so I could be way off), however that doesn't proculde Colin negotiating the rights to the work back in lew of debts outstanding (i.e. the royalties from PDF sales).

If QLI are not communicative Colin could make a public claim for the rights to the work sighting the debts outstanding, which would put the onous on QLI to defend it's rights to the work, thus providing opotunity for it to forfill it's obligations or negotiate. QLI could also of course sue Colin for damages if Colin did anything with the work. The longer QLI does not defend it's rights the grater the claim that Colin would have. This is quite a confruntational cause of action and could have reprocussions past any Colin and QLI issues as we are talking about a licensed product.

Most of this type of stuff can be worked out with willing communications between the parties (that's how I deal with contract managment matters), because without communications options become very limited very quickly. Limiting options in leagal matters gets very expensive very quickly as Lawyers start to become involved.

The best thing is to enguage in co-operative dialoge in order to reach a mutually agreeable resolution.

Regards,

Ewan

 

[Colin]

Dialogue is wonderful thing. However, I haven't heard from Hunter in over 2 years...

I am unwilling to sue. I just don't have the time, or energy. Being in a different country, and the breadth of a continent away to boot, also put a damper on that idea. I would like to work this out with Hunter if I could, but the dialogue just isn't there.

 

[ben51]

Not to sound flippant regarding something in which you are so emotionally invested, but Colin I think with regards to 2320AD its time to cut bait. Get a good deal with Mongoose that makes both parties happy. You can add a lot even within the bounds of a fairly constrictive contract to the original 2300AD setting. As I have said elsewhere there is a lot of empty history, along with outright canon contradictions, that you can shape and make your own.

I wish you the best of luck and hope to see a great product in the near future.

Benjamin

 

[Colin]

That is what I likely am going to have to do, and I've accepted that. I just got annoyed after looking through 2320, and seeing some, IMNSHO, cool stuff.

 

[david.wendelken]

Gosh, I thought I had it bad.

I just paid for a few items and I can't get him to send them to me, or communicate with me either.