I need help! Legality issues, I'm getting filed! :o

Trip

Registered
Here's what happened this week:

I'm doing graphic design for a small business in Europe earlier this week. I've donated over 12 full hours to this guy, and he's only paying me $10! But I could use the money so I'm doing it...then today he comes and says he doesn't want me help anymore and he's taking my graphics! Can he do that?! I told him he can't steal my graphics because they're my works and I still have © over them, but he just said he'd file a law suit against me for lying to him.

He thinks he hired me professionally to work for _his_ business, when really I was working for Atomik and just doing graphics for him and then I quit, but I didn't!

Man, it's such a mess...I need money...I need work, can somebody give me some helpful advice or something before I go out and shoot myself?! :(
 
<advice> 1. don't shoot yourself
2. the work IS yours, and he can't steal it.
3. I think you can legally sue him, and make more than $10
</advice>
 
Trip,

Count this as a lesson learned in life. I don't think it would be worth your time or effort to go after him, especially if he is in a different country. A verbal agreement is binding and email communication would also help in your case. However, if you agreed to do it for $10, then frankly, all you could sue for is your $10 which would be in the United States a "small claims court" issue.

In the future before doing any work for anyone, you should let them know that you retain all rights to all works created, until such a time that the client has paid in FULL for the project. This needs to be signed and mailed to you or at least faxed.

Admin
 
You really need to get things in writting, signed and agreed to, and make sure you don't hand anything over until you've been paid, or you feel comfortable enough that the relationship is good.

Even though your work was for $10, was it a large amount of work? Was it print or web design? Was it in the UK?

You are protected internationally by copyright (especially in the western world, you don't even need to state copyright on the work)... but the trouble is, spending time, energy proving it.


From experience (trust me, I've been there), I wouldn't spend the energy. As long as you've learnt something from the encounter, and put that wisdom to good use for your next job, then you'll look back on it as a good moment (especially if it was for $10, imagine if this had never happened and it confronted you on a $20,000!! job!!... Blessing in disguise!)
;)
 
Hello Trip!

I agree with all the above posts, first, when you get a client, you should explain to him that the work is yours and that if he quits using you that the graphics do not belong to him...an easy way to enforce this is when sending a graphic to him for critique put a nice watermark in it...enough that he can not use it for anything but not too much so he can not see the image.

Having an agreement in writing, as uoba said, would be extra insurance too...

Also, whenever someone hires me I charge them 50% of the price up front. Then, when the job is done I get the other 50%...this way, if halfway through the job the client fires you, you still have half the money for your time.

Good luck with everything!

Albert
 
In the Bill of Rights, it says that all cases above $20 reserve a right in court. Sorry, Trip. :(
 
lol, quite all right xoot. :)
The case was settled yesterday and I got 5x as much money than the original ammount! :)

So i'm happy it turned out this way.
And I did, indeed, learn a good lesson. All is well that ends well.
 
I wouldn't really call it a court transaction.
More like: me and him discussed it with some friends who had high power in the law. :)

Really though, like uoba said:

Blessing in disguise!

Couldn't agree more!
 
Now we need to tell you what to buy...

I have a competitor with ksv's bike:

XTerra 2002:
  • XTerrain Tires, made of polymer-magnesium compound, will never pop
  • 9" x 12" LCD screen with 1.5 Mbps internet access by satellite
  • Water-bottle holder
  • GPS receiver with RT terrain type locator
  • Aluminum-Polymer construction
  • Paint that won't peel off because of a new, top-secret, chemical paint compound.
  • Available in Aqua or Graphite
  • Mac OS X Pre-Installed
  • All for $1200

Better start saving up! :D
 
If I get $10 every month, for the next year, I'll have enough money to finally buy that MiniDV camera I've had my eye on. But I really doubt my business will do that well the first year. :(
 
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