This One Is Tricky!!!

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ianmaddux

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It invloves Coipyright infingement, Intellectual Theft (Federal because it crossed state lines).

First there were 2 partners. One partner had the idea to create a nude tattoo magazine. So both partners begane to find the people to help facilitate the idea. I was to be brought on as the editor/designer of the mag. I signed a non-compete non disclosure but never signed on as an employee or company official.

I created a mock design for the sales team as to what the fully produced magazine may look like. I presented the partners with the idea, they liked it and printed 50 copies to be used as sales tools. It was assumed that i was to receive compensation after the magazine began to make money.

In the next few weeks, the 2 partners began to disagree on the direction of the magaizine as well as financial responsibility.

partner b verbally(only) expressed his desire to end the partnership.

He then in turn decided to start his own magazine.

same concept, but a slight different direction.

assuming the partnership had been dissolved, i was asked by partner b to work with him and start the new mag.

i designed a new mock magazine for sales, and produced 2 issues which have gone to print. I did not use any of the same content or imagery of the first mock. Although the conecpt was the same, they had not even produced a first issue (mainkly because that would have been my responsiblity)

partner a is now threatening to sue for intellectual theft, copyright infringment, and to quote"stealing his idea"

my issue is, partner a is basing their whole case on a mock magazine that i created and never received compensation for. I sent an email informing them that i would no longer wish to be a part of their magazine. If i copied their idea( the mock magazine) it was my format(his idea or concept) how can they sue me for something they never even payed me for?

and can they sue for an idea if i didnt use any content or images (which i created in the first place)?
 
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oops

partner b is now threatening to sue for intellectual theft, copyright infringment, and to quote"stealing his idea"
 
Yeah - you are right. A lot of issues going on here with this magazine from the A side and the B side. My suggestion: consult with an copyright attorney to get you out of any pickles that may come your way (legally speaking).
 
Well could you shed any light on any of the particulars in the post. Im not as concerned what is happening between a and b, but more with what i may be facing from partner a.
 
I am just going to list some of the issues you may be facing from A so you can discuss it further with your copyright attorney about their implications:

1) "I signed a non-compete non disclosure but never signed on as an employee or company official."
2) "I created a mock design for the sales team as to what the fully produced magazine may look like"
3)"assuming the partnership had been dissolved, i was asked by partner b to work with him and start the new mag"
4)"Although the conecpt was the same"
5)"partner a is basing their whole case on a mock magazine that i created and never received compensation for"
 
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