ArtBistro

I recently quit freelancing for a magazine where I created not only the logo but did photos, ads, and original painted covers. I was letting the editor ( a friend looking to start a "grassroots" magazine) use my art in trade for ad space. Never once did I grant absolute right to my work in a verbal or written agreement. I was not an employee of the magazine as I never recieved a payroll check or signed any contract however in the magazine I was credited as the Art Director and given Photo credits. As far as pay/ salary goes there was never pay for ads, paintings, logos, or what have you... he did his screenprinting through my registered tax paying business. Silly I know, however it served as an "exposure" tool for me while having some (invoiced) funding through the t-shirts. 

Well when I quit it unleashed this "scorned lover" reaction from him. I have recieved a boat load of nasty emails and now he has denied me permission to my own artwork. The permission was denied for an online portfolio. My understanding is that it is my artwork until I grant him full license to it in written form and he may only derive permission or rights to the artwork by asking me for it.

Is this the case?

My other concern is in the publication he posted:

"[magazine and volume info] is published bi-monthly by [dba and address]. All submissions, including photography, artwork of any kind, letters, articles, or any other media used in this publication are hereby assigned copyright status as property of [dba]. Nothing appearing in [magazine] may be reproduced in any fashion without written permission of publisher..."

I did not read this until my attention was brought to it, by the publisher. Is this seriously legit? Does this strip all of my rights to any of my work even though I never agreed to this in any way, shape, or form? I figured as the "author" I reserved rights to my work and he would either have to purchase licensing or request it... not just steal it.

I also noticed in most other magazines rights are reserved to "authors" without becoming automatically owned by the publication.

UHG, gimme some good news, please.

thanks for the advice! yes i do have the original artwork and every email since inception... i have combed throught them to see if i accidentally gave anything away and i did not.

just to clarify... I said "contact" a lawyer... get advice first... going "pro se" into a court room is like dousing yourself with gasoline and running into a burning building. The court won't "help" you win your case just because you're not a qualified attorney. I watch ER... so therefore I'm a qualified surgeon (there's some point to that last statement... I just don't know what it is right now BUT I liked the way it sounded :)