Legal Speak – Daniel 21

[For back story go here: Story so far at 27 July 2020 and more recent episodes.]

[Relevant back story links also within text.]

"From what you're saying I'm not overly sure you have a water-tight case," said Janine Crawford on the video link. "Or any other kind of case to be honest."

It's a blatant rip off!" Retorted Daniel. "The concept was mine – well, mine and Daisy's but I put it out there..."

"This is your daughter Daisy, right? The other creative talent involved in the initial..?"

"Yes, yes..."

"Did you give Daisy a brief for the work she did for you? Is there a clear contract between the two of you to say you were to produce..?”

"No, of course not."

"You see, creative work is tricky ground but if there were a signed contract..."

"Daisy is five, do you think she knows what a signed contract is?"

"She's a bit young to sign anything really, isn't she?"

"She's a bit young to write anything."

Daniel sighed, exasperated. He wasn't certain he had the energy to get through this conversation. He just wanted to be able to go after Wendy for stealing his idea for promoting Crown Apps and get some satisfaction – monetarily and maybe career wise too. Although perhaps he hadn't entirely thought through the bit where he would explain to his next employer that the best idea he ever had was workshopped between him and his five year old daughter. Or maybe that would impress them. These were strange days and if Crown Apps saw an uptick as a result of their current rip-off campaign he definitely should be in line for a piece of the action.

"I can show you the original puppet," said Daniel, hopefully.

"That might be more problematic," said Janine. "You're using an image that is already in copyright."

“I’m what? "

"Your My Sparklehat doesn't have belong to you. Her Mrs Witchy-Well on the other hand belongs to her because from what I can see it's home made article rather than a product sold under licence."

"Shockingly badly made - shockingly. It's just a rip off of Sparklehat and doesn't even..."

"My point is if you claim copyright ownership of the idea with Mr Sparklehat the people who actually own Mr Sparklehat 's rights might suggest you're trying to use Mr Sparklehat for your own monetary gains and without legitimately giving the Sparklehat team due consideration."

Daniel paused.

"I did it first and she copied me. That's wrong, right?"

"It could be if..."

"That's good enough for me – thanks for your advice."

Daniel snapped off the video. He was tempted to immediately call up Flint, but he felt that might be an over-reaction at this point and aside from hearing the job had been done he wasn't sure he wanted an update on the campervan situation. Also he felt complete satisfaction would only really be gained if he could get to Wendy through his own work rather than handing the job over entirely.

So, instead, he turned to his email programme and drafted a very well reasoned and – having taken on board Janine's comments – an almost legal argument as to why he should now receive a cut of whatever was coming Crown Apps' way as a result of the most recent campaign. He used words like 'fairness', 'reputational damage' and 'personal brand' to try and convince her his suggestion was the best way ahead. And if the reasoned arguments didn't gain traction, he added at the end, that he was prepared to take serious legal action against her and her company. (Although if he did he was guessing it wouldn't be through Janine).

As an afterthought he found an online picture of Mr Sparklehat and attached it to the email. The subject line read: 'Make me an offer or the Puppet gets it'. The right note to strike, he thought that would entertain and went ice her to open the email before reading the serious stuff.

Proud of his work he sent off the missive.

Meanwhile his case-stowed work phone had taken an international trip to France. This was a usual destination for Chrissy to head for and one from which she – and Daisy and his work phone – would have to quarantine themselves afterward for 14 days. For this reason Daniel decided to wait it out. They would be back soon because they'd want to get Daisy to school. But then they'd be in the same place for two weeks. And then Daniel would pounce – although maybe still keeping a safe two metres from them both whilst pouncing. He was certain they wouldn't have taken any chances but there was no reason why he should assume extra risk.

Revenge would come, he promised himself. Revenge on both Chrissy and Wendy. And revenge would be cold, sweet and socially distanced.