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Customer didn't pay,what next!!!!!!

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Oct 21st 2003#125681 Report
Member since: Dec 4th 2001
Posts: 171
Ok, so I try to be a nice guy this 1 time. I finished a logo and a character image for a client on time, while letting him pay later on during the week.

Now, I haven't heard from him or anything. I emailed him back,nada.

SOOOO...I was wondering, they are going to be using the logo and character and a ton of cd's and other stuff they are selling. Now, when they get money from that, can I sue them for using MY creations? I never sent them anything that said they owned the logo/character. So by law are the images still in my copyrights?
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Oct 21st 2003#125682 Report
Member since: Mar 18th 2001
Posts: 6632
Always, always always, get at least half of the money up front.
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Oct 21st 2003#125683 Report
Member since: Nov 14th 2001
Posts: 1297
I hear ya, deker - but it's not always that easy.

I'm working for a client the same way - we design the site, they pay quarterly - or sometimes more often. Frustrating, but I trust the guy. (Bad habit = trusting people)

Either way, though - you have to make an agreement in writing - even print out your emails, that's what I do.

I'd threaten them with legal speak, that will usually get them off their ass and cut you a check.

lowizzy, if you have any record of your agreement, SUE THEM.
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Oct 21st 2003#125688 Report
Member since: Jun 20th 2003
Posts: 1203
I have a 10 page or so contract I typed. If anyone wants it let me know.
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Oct 21st 2003#125690 Report
Member since: Jun 4th 2002
Posts: 11
As for getting paid, if you don't have a contract you are screwed...

You own the copyright as long as you can produce the original layered image.
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Oct 21st 2003#125692 Report
Member since: Feb 17th 2003
Posts: 2450
you should sue. Do you still have the original files -psd, ai - whatever?
Yeah - and like deker said - always get some money upfront...

I sued one of my clients - he paid a retainer - I made the site - then he refused to pay the rest - I sued him - still waiting to hear what the court says- it's fairly recent.
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Oct 21st 2003#125694 Report
Member since: Mar 18th 2001
Posts: 6632
Yes, always get a contract, especially if you aren't taking money up front. There are sample contracts in my "Design Link Orgy" thread in the cool sites forum. Call him or something and tell him you will sue before you actually do. Just knowing that you are willing to sue will probably get him to pay.
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Oct 21st 2003#125695 Report
Member since: Dec 4th 2001
Posts: 171
Ok,well I do got all the emails saying what was going on. And yes, I do have ALL the original files and everything. It's bad enough being a poor graphic designer, its worse when you don't even get paid for it :(
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Oct 22nd 2003#125699 Report
Member since: Mar 18th 2001
Posts: 1501
NEVER release the final product until you're paid in full, unless it's a client you have an established business relationship with.

Oral agreements can be fully and legally binding.

Save EVERYTHING. Email, notes made while talking on the phone, phone bills, letters, contracts, photocopies of hand-drawn comps, layered files EVERYTHING!
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Oct 22nd 2003#125700 Report
Member since: Dec 4th 2001
Posts: 171
But even if I don't have a contract,but emails saying he will pay me and send me money,would that be considered a legal contract?
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