First of all, thankyou for this website!!  Stop Work For Hire!!!!

I have been a freelance watercolorist for years, selling original works from galleries, you get the idea.  Small time stuff.

I was approached by a very new publishing company to illustrate one of their first children’s books.  Things worked out ok, I’m taking 10% of the sales price.
They talked me into doing a second book, work for hire, which I am regretting. 
The book is published, I have been paid in full, but there never was a contract signed.  Every time I asked for one they blew me off, and finally said that the cashed check was a form of contract.
 
At this point what exactly can they do with the 30 paintings, are there any limits?  Since I was paid in full do I need to sign a work for hire agreement? 

All along they said I gould get royalties from some other products(audio book and home school work book) that may be purchased along with this book, so I sent extra drawings for these other products, now they are saying that since I don’t own the artwork I won’t be getting any royalties, period. 
I was told my compensation is to have my name on the front of the book and a bio. page with my picture in the back of the book.

I’m not looking for a lawsuit or to stir things up any worse than they already are. 
I understand that I gave up all rights to my work. 
I just want to know what the limits of the publisher are with this artwork if there are any.

Feeling sort of used, Juliann

Your welcome.  I only wish you had stopped by prior to getting involved with these crooks.

Before you do anything else: STOP SENDING THEM WORK.

If you have NOT signed their work-for-hire agreement, DO NOT SIGN IT.  As long as you are NOT under any WFH obligation, you own the copyright.  They do not have any right to publish, print, or reproduce the work without your permission.  You give them a contract (vetted by a lawyer) and let them take the next steps.  Or, hire an art rep who can handle the paperwork for you.

If you have signed a work-for-hire agreement, the best advice I can give you is this:

Talk to a lawyer who knows his way around intellectual property law. 

I’m deadly serious. It’s one thing if your fighting over a couple pieces, then you can judge whether the cost is worth the fight ... but, 30+ pieces.  Wow.

Essentially, if the WFH contract is specific, they have you dead to rights and own the copyright to ALL of your work outright.  This means they can resell, reprint, reproduce your work forever without having to give you a dime in compensation.

If you have already signed a work-for-hire agreement, there is next to nothing you can do on your own and, worse, there may be no room for a lawyer to maneuver.  However, you may have a case if you can prove that you were seriously mislead or even lied to.  Don’t delete any communication - emails, letters, phone messages.

Fact is: they screwed you and had every intention of doing so when you agreed to do the first project. 

I’ve said it before and I’ll say it again; never, ever, work without a bullet-proof contract and never enter into working arrangements where royalties are involved without first consulting with a lawyer. There is simply too much at stake for you to trust the buyer.

Search your local chamber of commerce or local arts community for a Lawyer for the Arts chapter and go from there.  If none exists, call around and find someone who can help you.  This client is banking on the fact that you WILL NOT take any extra steps to recover your art and money owed to you.

Lastly:
Please please please take a moment to post their name on the Stop Work For Hire List - Other creative vendors NEED to know who these crooks are.  http://www.stopworkforhire.com/site2/the-list-submit/