Client profiting from a design they haven’t paid the designer in full for!!
I’ve worked with a client to create some packaging which was printed and delivered 6w ago. She asked to hold off my final payment until I’d done some amends . I’ve now found out that my packaging launches in supermarkets next week and has been promoted by various magazines and blogs...(sounds like it didn’t need amending!) so she will be profiting from it . Obviously my invoice is overdue but this client is super manipulative and difficult. Does anyone know if there’s any law against a client profiting from a design before paying the designer? I need every bit of info I can get!!
Replies12
- Yes - if they haven't paid you for it you own the copyright. They aren't legally allowed to use you work unless you agree to it.
- Did you sign a contract? It's lawsuit threat time! Payment is usually made promptly after that (from experience). Best of luck
- I do similar to Alec, new customers get a 50% upfront charge. Have you chatted to the AOI they might be able to give you some assistance? Even if you are not a member, might be worth giving them a shout.
- also... for future, put a big ugly digital watermark on all final work and only supply 'clean' versions once the final payment has been made (when dealing with manipulative snakes like this).
- Hi @Emma Dinnage, if you didn't have a contract or terms agreement written up and agreed on for this piece of work then please make sure you do in the future. If you did and things have become strained beyond repair, then the threat of legal action usually secures payment (eventually).When creating work like this, your terms/contract should cover usage, duration, location and many other factors. Always avoid signing a piece of work over to someone for "worldwise use in perpetuity" (where they can do whatever they want with it, forever). If you can specify limits, you can then charge extra for extended use. In this case, you might not have specified store launches or social campaigns, but can offer those as an extension of the licence. It's also a great way to secure repeat business and ensure that you're the person engaged to deliver any extended creative work.For now though, @jonnymayner (on Twitter) is an excellent IP & Media lawyer who can give you a read on where you're at with this.
- I'm going to leave your legal position to the experts but having been in various situations like this I would give this advice. You are angry, I get that, talk to your friends, get support, deal with your anger and get calm before you take any action. Think about where you want to get to. You want to get paid but also if this ambitious company is already in retail straight out of the gates they might go the distance and become a case study for your work that is really valuable for you. So not just the money is at stake but your IP around that. I hear that this person is difficult so I would pop in and smile at them if possible or pick up the phone and smile at them. Lead out with a compliment, wow the designs look amazing, I hope that you are as pleased as I am with them, wow great yes yip yip. Then give them an out, give them space to make an excuse 'What a big piece of work, how are things, have your feet touched the ground yet?' then USUALLY they will say 'blah blah I'm so sorry you haven't been paid I'll get that done today' and you can say 'ah of course, that's great i understand' GOOD LUCK
- Hi Emma, If you have a contract you should be protected, as the copyright is yours until the balance is paid. Sometimes there are other reasons late payments happen so I'd suggest a softer approach first and a reminder the payment is overdue and try to get a commitment of a date (in writing) from the client as to when it will be paid. If the client will not commit or resond to your requests then seek legal advice. There's always a statutory demand which you can make, but this will certainly end the working relationship. It's very frustrating, but do try all other means first. Good luck.
- seek legal advice.it's your copyright, even more so because they havent paid.
- I had a similar situation and used the small claim service https://www.gov.uk/make-court-claim-for-money. It worked.
- We've had something similar happen to us - we were best advised by intellectual property IP lawyers. In a nutshell: your client does not have the rights to use your IP until it has been paid for / and assigned to them. Whether or not you have a contract does not matter, as the proof of work exists - you can (and should) get legal, compensation and on top of what you're owed now charge an assigment fee. If what you want is your money, then I'd hold off with naming and shaming publically. I can send you the link to our IP lawyers who have helped us protect ourselves massively.
- Hi Emma,I'll start by asking if you have a physical contract for the job, as wells as a trail of messages showing that both you and the client agreed with the scope of the project i.e. you or the client got in touch, discussed the project, timeframe, cost etc.I'm personally not sure if there is a law against this but if you have proof that the scope was agreed by both you and the client then you should be in a good possition to pursue this further in terms of legal matters.
- online defamation & put bad review in his online pages & send the problem to the supermarkets administration after that dhe will ask you stop and will send the money (we do that at egypt ). make some noise
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