QUOTE (crizh @ Jul 16 2010, 01:59 PM)

Yes, yes there is.
Previously CGL had the attitude that Free-lancers had the right to pull their work in the case of a disagreement.
Now CGL has the attitude that once you sign a contract every word you write in pursuance of that contract belongs to them regardless of whether they pay you or not.
He flat out said that Bobbie's PACKS material belongs to Topps.
Nice of you to classify my assumptions as ridiculous.
Care to back that up with debate or was it just straight ad homimem?
I quoted Topps saying 'all your work are belong to us' even if there is no contract and we didn't ask you to submit it to us.
Several months of weekly contact with Topps later CGL is singing an almost identical tune. That's good evidence of a causal link.
Care to counter?
Previously, IMR was woefully unaware of copyright law and complied with a cease and desist letter for fear of being subject to significant liability. Now, they've consulting with intellectual property lawyers and have an informed view of their rights, the freelancers' rights, and how they
could have handled the situation when it arose.
I don't think there's anything terrible or surprising about their prior ignorance. It would have been better to know in the first instance, of course, but do most small businesses really understand those sorts of things? Not so much, in my experience. Most people just use boilerplate forms, or they rely on what their attorney puts in front of them and don't ask many questions. Hell, most lawyers don't know much about intellectual property law. It's a niche practice area and IP clients often go to boutique/specialty firms. Patent lawyers and patent agents even have their own, separate bar exam.
As for "all your work belong to us" . . . no one's saying that, that I've seen. The Topps/CalBeck issue is a red herring. He tendered a submission without a contract, his work was withdrawn on request after accidental use, and his suit concerned the status of the license rather than the status of his work or payment therefor. Totally different situation, largely irrelevant to the freelancer issues here. I don't think he even asked for money damages for the time his work was in use; he went straight for partial control of the whole BattleTech IP.
Also, holding the copyright to something isn't necessarily useful if there's a contract stating that payment is due for the work. You can't publish it without paying up. Non-payment after proper performance is a breach and should give the author a cause of action on the contract itself, possibly for economic torts. Randall flatly stated that the freelancers could have pursued a contract remedy, so it's not like he was contending the freelancers were powerless or that IMR could have used their work without any consequence.
A more interesting legal question is the status of Bobby's work after he pulled his contracts. Frankly, I'm not an intellectual property guy, so I've got no idea how that one shakes out.