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Copyright on print job when client wont pay????
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[Mark Suszko] “Someone else getting away with a crime is not a pass for you to try to do something wrong. Which is pretty much what Ron already said.”
Pretty much what Ron and David said…
I hope you E&O insurance is up to date Mark.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.
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Will you stipulate to a consent decree regarding that for a Mel-O-Creme donut?:-)
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You’ll have to pay for my lawyer’s donuts…
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.
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Sorry, lawyer fees used up all the money in the donut fund.I guess it will have to be resolved via Thunderdome.
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[David Roth Weiss] “You’ll have to pay for my lawyer’s donuts…”
And he likes the RREEAALLLLYY expensive ones — oh, and lots of ’em, too.
Ron
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First of all, If you had a contract with your client, we wouldn’t be having this discussion. Secondly, you can’t just go and sell a client’s copyrighted artwork because they didn’t pay you. Recovering losses in a situation like this is limited to suing the client for failure to pay, but again if you have no contract or signed documents, good luck.
All around, it sounds like your business practices were pretty sloppy on this one and there’s a very real chance you are going to lose in court.
Brendan Coots
Splitvision Digital
http://www.splitvisiondigital.com -
Something that hasn’t been clarified is: “who designed these cards using whose artwork?”
If the client designed them, then in the absense of a contract stating otherwise, they likely own the rights to them.
If the poster designed them, he likely owns it.
So if he designed the cards and the artwork, or paid for the use of the artwork thru a stock company, and the client’s logo isn’t on them, then he could sell them to whoever he wants.
If the client designed them, then like everyone else says, the poster really shouldn’t sell them to someone else. Again, like most of these disputes, I can’t imagine we’re talking about very much money so I doubt the client would actually pay attorney’s fees to take any legal action no matter what anyone did or does.
But if the client won’t pay for them you you certainly have no obligation to turn them over to him regardless of who designed these things.
Chris Blair
Magnetic Image, Inc.
Evansville, IN
http://www.videomi.com -
“Just because someone does something unethical, does not give one the right to break the law, as retribution. ”
That’s not what I’m advocating. I think that copyright laws are much too pervasive anyways.
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[Scott Carnegie] “”Just because someone does something unethical, does not give one the right to break the law, as retribution. ”
That’s not what I’m advocating.”
I gotta say, you sure managed to fool a lot of us Scott.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.
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