bfl2005
08-17-2007, 09:04 PM
A former client of mine sent me a sketch drawing for me to vectorize. I vectorized it exactly as it was drawn in the sketch. The client came back and didn't like the design so asked for changes to the original. I made many, many changes of the design over a few days. I even made my own changes to the design to add my own style to it. After working on the design for a week the client rejected it. I asked to be paid for my time even though they didn't like it but the client refused. The job was initially suppose to be a simple and plain vectorizing job but somehow it turned into a custom design. So when the client refused to pay, I asked them if I could hold the rights to the design and sell it to recoup my costs. The client agreed to that.
A month or so later the client contacted me stating that I was selling their image, the one they didn't pay for, and I wasn't suppose to be doing that. I told them what happened, I guess it somehow slipped their mind, that they never did pay for it and that they agreed to letting me hold it and sell it. They argued with me and were pretty sure they paid for it. But I knew they didn't pay for it because that was the first time I was stiffed on design work. I even forwarded emails from them stating this.
Now I find out that the client is selling this design as a printed image in their business to their customers. I never released to them the production files since they did not pay for it, but they have a jpg of the design. They must of paid for someone else to vectorize my finalized design that I never got paid for and they are now selling it as their own as a printed product.
#1- do they have the rights to do this? I feel as though the design is my original artwork since it is nothing like the original sketch since so many changes were made. Also, I never got paid for the work.
#2- Do I hold the copyright to this design and have the right to send them a cease and desist to using my design.
#3- the company that now vectorized the design, can they be held liable for the infringement?
Any and all help is greatly appreciated!
A month or so later the client contacted me stating that I was selling their image, the one they didn't pay for, and I wasn't suppose to be doing that. I told them what happened, I guess it somehow slipped their mind, that they never did pay for it and that they agreed to letting me hold it and sell it. They argued with me and were pretty sure they paid for it. But I knew they didn't pay for it because that was the first time I was stiffed on design work. I even forwarded emails from them stating this.
Now I find out that the client is selling this design as a printed image in their business to their customers. I never released to them the production files since they did not pay for it, but they have a jpg of the design. They must of paid for someone else to vectorize my finalized design that I never got paid for and they are now selling it as their own as a printed product.
#1- do they have the rights to do this? I feel as though the design is my original artwork since it is nothing like the original sketch since so many changes were made. Also, I never got paid for the work.
#2- Do I hold the copyright to this design and have the right to send them a cease and desist to using my design.
#3- the company that now vectorized the design, can they be held liable for the infringement?
Any and all help is greatly appreciated!