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What are my rights?
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Dedicated MacNNer
Join Date: Dec 2003
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Jul 9, 2004, 08:06 PM
 
Ok I did a design job for a client a few weeks ago. He has yet to pay me for this.

However he has taken the original art files that I created for use in this design to another designer to rework the job.

Is it within my rights to contact this new firm and inform them that the artwork that was provided by the client has not been paid for and therefore I would suggest they not use it, until i have been paid?


Thoughts? Suggestions?
     
Mac Elite
Join Date: Jan 2002
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Jul 10, 2004, 02:36 PM
 
You have every right to ask, because technically, the client has no rights to that work unless they paid you to transfer those rights. However, if you didn't sign a contract with your client laying out those terms, it will make your struggle that much more difficult.

I suggest that you keep pestering him with invoices, inform your client that late payment will incur interest charges, and if this client still refuses to pay, warn him (in writing) that you will resort to legal action if he doesn't pay up. You should try to contact the client by phone before you resort to legal threats, just to discuss the situation (cordially), and see exactly what the problem is. If they blow you off or just outright ignore you, continue as prescribed.
"Bill Gates can't guarantee Windows... how can you guarantee my safety?"
-John Crichton
     
Addicted to MacNN
Join Date: Jan 2001
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Jul 10, 2004, 06:51 PM
 
I have been in situations before as a printer, where a client has brought in art that wasn't paid for. (All the original designer gave you was a 6"x6" 72 DPI jpeg? Yeah, right.) I have always respected the copyright of the original designer and refused to use, or recreate the work. In some instances it's obvious from the outset that the work is stolen, and in other cases, I've had designers call me and warn me about a client who might try to bring in a design that they didn't have the rights to print.

The other designer might actually be ethical enough to refuse to re-create the work, if you contact them and inform them that the client has violated your copyright.

Oh, and in the future, provide lo-res water-marked proofs, until the client pays, THEN give them the editable files.

CV

When a true genius appears in the world you may know him by this sign, that the dunces are all in confederacy against him. -- Jonathan Swift.
     
Dedicated MacNNer
Join Date: Dec 2003
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Jul 12, 2004, 03:07 PM
 
UPDATE

Spoke with the Designer today and informed him of the situation, he was cool about it and assured me that they wouldnt even open the cd until I confirmed for them that I was paid for my work.


Gotta love the unspoken bond between creatives
     
   
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