Backround: I'm a designer just striking out on my own. I have a website where I post artwork and my portfolio, and I've been building my business by targeting specific markets, creating my own designs and selling them through third party websites.
The Problem: A potential client contacted me and asked me about using some of the artwork on my website. The image he wanted to use, however, I was planning on having made into stickers and other items to sell. I suggested a custom logo and quoted a price to him, and indicated that upon an affirmative response I would send him a copy of my contract. A few weeks later I receive an envelope in the mail containing: a T-shirt with my logo on it, a letter indicating that it has also been used on signage, and a check for the full amount I requested.
The Question: How do I proceed from here? I'm happy to have been paid, but I may have made more money by selling the merchandise with the image on it. Then again, maybe not. I don't want to make waves in this niche market, where everybody knows everybody. If he stole it blatantly, I would have no problem dragging him through the mud, but this is a little trickier. Do I ask him to sign a contract after the fact? Do I continue with my plan to make and sell merchandise with this logo? The original price I quoted (and which he paid) would have been for him to retain all rights, but I'm still attached to this image. Would it be Kosher to ask him to sign a contract and inform him that I'm keeping some of the rights?
*sigh* I'm new to this kind of stuff. Suggestions appreciated.
The Problem: A potential client contacted me and asked me about using some of the artwork on my website. The image he wanted to use, however, I was planning on having made into stickers and other items to sell. I suggested a custom logo and quoted a price to him, and indicated that upon an affirmative response I would send him a copy of my contract. A few weeks later I receive an envelope in the mail containing: a T-shirt with my logo on it, a letter indicating that it has also been used on signage, and a check for the full amount I requested.
The Question: How do I proceed from here? I'm happy to have been paid, but I may have made more money by selling the merchandise with the image on it. Then again, maybe not. I don't want to make waves in this niche market, where everybody knows everybody. If he stole it blatantly, I would have no problem dragging him through the mud, but this is a little trickier. Do I ask him to sign a contract after the fact? Do I continue with my plan to make and sell merchandise with this logo? The original price I quoted (and which he paid) would have been for him to retain all rights, but I'm still attached to this image. Would it be Kosher to ask him to sign a contract and inform him that I'm keeping some of the rights?
*sigh* I'm new to this kind of stuff. Suggestions appreciated.
It's not right what he did, but chances are you're coming out on top by taking it. You're being paid in full as if you were contracted for a job, for work which has already been created on your own time. That sounds like a good deal to me.
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