This is from Kelley, Reese, and Sonshine (Daniel). As some of you are aware, we are each names in a lawsuit in Pinellas county district court for alleged copyright violations (there is no evidence given that the material has been registered with the copyright office, which makes a difference [see court case below]), trademark infringement (we are not sure, but we believe it's about a banner ad created for a conference in 2002), and tortious interference with contract (usually prosecuted on the basis of a non-compete, which certainly wasn't in place). All of this because we put a *portfolio* of our work online for which we were given verbal authorization. IT came as a complete shock to me that I couldn't display my work in a portfolio.
Until we can get this straightened out, we're taking the site down temporarily, leaving just the front page, news page, and contact information.
We need to start a legal defense fund because this is going to cost us $10-15,000 just to retain an attorney. We set up a paypal account at oudeis at gmail.com. We can put a PO box address online shortly.
I'm being asked to never show my work or mention the clients. Everything I've written, designed, or edited -- even material that was never used or rejected by the company or clients. He's even forbidding the work Reese and I did as a freelancers (with no contract) and not as employees. This stuff wasn't work-for-hire and no agreements were in place. We did not sign an NDA, we did not sign non-competes, and there was no handbook or policy manual given us during our work as either freelancers or employees.
There is also this case: http://pub.bna.com/ptcj/05437May18.pdf which is very similar.
We are asking for help: send a buck if you can spare it. If you know people who can help us find an attorney, great. All the firms here want $10,000 and more as a retainer. IN order to at least retain our work as freelancers or to even move the case to the point Robin Euler did, where she was allowed to display work in an online portfolio, this is the kind of money we are talking. Euler's attorney is very helpful, worked with firefighter's union. This may get kicked to the Federal level, if that matters as to who you might know who can help.
I'm sure people would like more details. I don't know what I can and cannot say. So, I'm avoiding saying much at all and I realize that people are reluctant to help if they don't understand the issues. But, we really have no choice but to raise money.
Thank you!
Kelley, Reese, and Daniel (Sonshine) inkworkswell.com