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  • Credit for work?

    So I've been doing work for a clothing company that I have essentially built for them from the ground up to the point where bigger - global clothing brands are starting to take notice of their apparel designs. The owner of this company I work for signed a contract with me initially stating that he has to give credit to the artist (me) when ever he posts on social media, or advertises anywhere as I am trying to get my own name out as a designer in the apparel industry. He posts all the time on social media, does not give me credit at all, and In fact most of the time when I go thru his comments on social media, takes credit as the designer when people compliment the design or comment on the fact that his brand has grown so much. I take this very personally especially because bigger companies are complimenting him on the graphics of his brand and he is taking credit for it publicly. Is there anything I can do about this to either stop him from not giving me the credit or taking credit himself?


    I am also concerned with possibly re-negotiating my contract with this company. Because I have this sickening feeling that they are at the verge of blowing up soon and once they make millions, I am sure I will see no credit given still, and also I will have walked away with a few hundred dollars total, while they make millions off of my ideas and artwork.


    Is it unheard of to request a certain percentage of what a company makes off your art? How could I go about this if at all?

    A designer in my opinion makes or breaks a company. It is unnerving to me that the designer should receive no recognition or compensation for the hard work they've put in building someone's brand.

    At this point, I'm considering just voiding his contract, but at the same time I like
    The work I am doing,

    Has this ever happened to anyone else? What did you do about it?

  • #2
    Are you getting paid for the work or are you working in trade for credit/exposure?

    If you have a signed contract that requires credit, they are in breach. Did you follow up on that the first time they did it?

    Since this is an apparel comapany, I don't want to make assumptions. When you talk about designs, do you mean graphic design/branding or clothing design?
    Shop smart. Shop S-Mart.

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    • #3
      Originally posted by KitchWitch View Post
      Are you getting paid for the work or are you working in trade for credit/exposure?

      If you have a signed contract that requires credit, they are in breach. Did you follow up on that the first time they did it?

      Since this is an apparel comapany, I don't want to make assumptions. When you talk about designs, do you mean graphic design/branding or clothing design?

      Hello, Yes when they first did not give me credit I said something, in which then they started just tagging me along with 50 Other people in their posts. Not appropriate credit i.e.: Artist: shannon gerdauskas etc. This is a paid gig, yes. But the fact that the owner blatantly credited himself as the designer while speaking back and forth to a way bigger clothing company complimenting how good his designs have been, has really got me worried. And by designs I mean 90% of all the clothing they sell was concepted and executed by me.

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      • #4
        Thanks for the clarification. I know nothing about clothing design and that industry, so I didn't want to waste your time if you weren't talking about logos, etc. Either way it's sounds like you've got breach of contract. I'm not a lawyer, but maybe it's time you spoke to one?
        Shop smart. Shop S-Mart.

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        • #5
          If you have a signed contract with them, both you and the company are bound by that contract. Since I'm not an attorney and, anyway, haven't read the contract, I can't give you an opinion on it. My best advice is to speak to an attorney to get a legal opinion on whether or not your client is in violation of the contract and whether or not it might be worth the effort to seek a legal remedy.

          If, as you say, the company is on the verge of making millions, their violation of the contract could amount to many thousands of dollars worth of lost exposure that you're owed. Again, if this is important to you, I'll suggest speaking to an attorney before doing much of anything else.

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          • #6
            Originally posted by KitchWitch View Post
            Thanks for the clarification. I know nothing about clothing design and that industry, so I didn't want to waste your time if you weren't talking about logos, etc. Either way it's sounds like you've got breach of contract. I'm not a lawyer, but maybe it's time you spoke to one?
            You think? I am not familiar with attorneys of this nature. I obviously would need a specialty lawyer? Any ideas on where I could start? Any info would be appreciated! Thanks for input btw

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            • #7
              Originally posted by B View Post
              If you have a signed contract with them, both you and the company are bound by that contract. Since I'm not an attorney and, anyway, haven't read the contract, I can't give you an opinion on it. My best advice is to speak to an attorney to get a legal opinion on whether or not your client is in violation of the contract and whether or not it might be worth the effort to seek a legal remedy.

              If, as you say, the company is on the verge of making millions, their violation of the contract could amount to many thousands of dollars worth of lost exposure that you're owed. Again, if this is important to you, I'll suggest speaking to an attorney before doing much of anything else.
              Hello, thank you for your input! I agree it may be time for me to seek out and speak to an attorney. I know obviously I would need a specialty attorney? Not one who practices accidents or divorces, any idea what kind of attorney I'd be looking for and also how I'd go about getting a consulatation?
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              • #8
                Who drew up your contract if you don't have a contract lawyer?
                You need someone with Contract Law experience and Copyright law experience available.
                You can try looking for a Volunteer Lawyer for the Arts in your location (type that with your state name into a web search) but this might go beyond that level of assistance.

                I have a feeling though that you got into something without knowing the ramifications.
                For instance, if you void your contract, who owns the art you've created thus far?
                Does the site you submit to have any kind of fine print that says uploaded art becomes the property of the owner of the site?

                When you say you've developed the ''brand'', is it marketing and selling you are doing or just the artwork for the clothing. That's two different things.

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                • #9
                  Originally posted by PrintDriver View Post
                  Who drew up your contract if you don't have a contract lawyer?
                  You need someone with Contract Law experience and Copyright law experience available.
                  You can try looking for a Volunteer Lawyer for the Arts in your location (type that with your state name into a web search) but this might go beyond that level of assistance.

                  I have a feeling though that you got into something without knowing the ramifications.
                  For instance, if you void your contract, who owns the art you've created thus far?
                  Does the site you submit to have any kind of fine print that says uploaded art becomes the property of the owner of the site?

                  When you say you've developed the ''brand'', is it marketing and selling you are doing or just the artwork for the clothing. That's two different things.
                  When I say I've developed their brand, I am saying that I've created their unique visual style that did not exist before they hire me as a contract designer.

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                  • #10
                    That was the last question I asked.
                    What about all those others?

                    You also said there were 50+ artists. You don't think the selection process of the owner had anything to do with developing his visual style?
                    You just happened to have the illustrative style he was looking for and you did the work on whatever his terms were.
                    Not sure how you can remedy that.

                    I hire illustrators all the time to fulfill my clients' vision. Do they get to sign their work with the website addy? No. Do they get to sign their work? Not always. Are there instances where their name never appears in relation to the work? Quite often.
                    But they are always monetarily compensated based on the usage of said work, always negotiated up front. They aren't being hired for fame and glory, they are being hired because they have a certain artistic style. And if I need their style again for a different project, I hire them again. If someone asks me if I know of an illustrator with a particular style, I recommend them.
                    That's just how it works.
                    Last edited by PrintDriver; 12-12-2016, 07:24 AM.

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                    • #11
                      Originally posted by PrintDriver View Post
                      That was the last question I asked.
                      What about all those others?

                      You also said there were 50+ artists. You don't think the selection process of the owner had anything to do with developing his visual style?
                      You just happened to have the illustrative style he was looking for and you did the work on whatever his terms were.
                      Not sure how you can remedy that.

                      I hire illustrators all the time to fulfill my clients' vision. Do they get to sign their work with the website addy? No. Do they get to sign their work? Not always. Are there instances where their name never appears in relation to the work? Quite often.
                      But they are always monetarily compensated based on the usage of said work, always negotiated up front. They aren't being hired for fame and glory, they are being hired because they have a certain artistic style. And if I need their style again for a different project, I hire them again. If someone asks me if I know of an illustrator with a particular style, I recommend them.
                      That's just how it works.
                      Hello, right yes. I am however not looking for fame and glory. I am looking for new clients in the apparel industry, This company is failing to add a credit line (as stated they have to do in the contract) when they post on social media. As for artists, I am the primary artist for this brand, there are not 50 others or anything. My contract was drawn up on Legal Zoom.

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                      • #12
                        Why are you relying on other's social media to get your name out there?
                        Do you have a personal portfolio web site?
                        What does your contract say about displaying artwork created by you for this particular clothing line?

                        Have you approached other clothing lines directly?

                        Are you 100% positive you don't have a non-compete contract or anything that could be construed as such? Because if you are a primary artist whose style has ''made the brand,'' you may need to be aware of any perceived trademark breeches if you take your/their specific ''style'' elsewhere.

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                        • #13
                          Originally posted by PrintDriver View Post
                          Why are you relying on other's social media to get your name out there?
                          Do you have a personal portfolio web site?
                          What does your contract say about displaying artwork created by you for this particular clothing line?

                          Have you approached other clothing lines directly?

                          Are you 100% positive you don't have a non-compete contract or anything that could be construed as such? Because if you are a primary artist whose style has ''made the brand,'' you may need to be aware of any perceived trademark breeches if you take your/their specific ''style'' elsewhere.
                          I am not so much relying on their social media as I am just wanting the credit to be given in the caption as the artist. It is always best practice to give credit to an artist on social media as it helps both parties network and gain exposure. I do have a personal as well as a portfolio. www.shannongerdauskas.com and https://www.behance.net/sgerdauskas I have approached other clothing brands, yes. I also do work for a few others. This company does not have a non-compete contract and If they do, I have never signed one. My client has told me numerous times before that his brand is not an LLC, trademarked, incorporated or anything. So basically it's just a guy operating a brand/company under an assumed name I'd imagine.

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