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I designed customers artwork; they take it and run.... What the ?

ronl1975

New Member
I have an acquaintance that asked me to design her a shirt design and then make her 100 shirts. Well after a weeks worth of back and forth, I finally created the perfect design for her. In the meantime she threw the shirt print job to another company (I dont know yet if they are using my proof to her to print or not). There has been no contract made because I didn't know that she was going to go this route. I'm doing a bunch of other work for her and was doing a "combo deal" with the work I've still yet to do later this week. She also stated that they were going to trademark the logo. I understand I should have had a contract but I literately see this lady on a daily basis and really seen no issue. I guess my question is can she legally trademark a logo that I designed without my consent? Also, can another company legally print my design without my consent. Even though its her "business name". Thanks for any input.
 

ronl1975

New Member
Also, a design fee was never even discussed because she orderd so much other things. I was just "throwing it in" but she don't know that. Should I up the antee if shes willing to pay for the design?
 

letterman7

New Member
Yep. If you didn't contract and get paid for the artwork, then you've got nothing to stand on. Never do free work - ever. At the very least put something in writing.
 

ronl1975

New Member
She only has the proof but you all know that anybody can take a little time and make a proof into a vector. I didn't think this was going to happen, I'm currently in the middle of going through cancer treatments (not life threatening).. so I was kinda winging the job... SMH
 

Billct2

Active Member
Learned this one early on, giving someone a design with out a payment or contract is a gamble. Yes you own the copyright, but the first thing that will happen is you will lose the client and then spend way too much time & energy trying to get paid for the design.
 

2B

Active Member
with today's technology it is easier than ever for people to recreate / reproduce others designs.

that is why regardless of whom we are working with, ever design, layout, edit, etc... we do have a watermark and a disclaimer stating who owns the artwork.
 

TimToad

Active Member
Good luck with your treatment and I wish you a quick and full recovery.

Unfortunately, we all are our own worst enemies at times when it comes to letting our guard down on being vigilant when dealing with those who have an ulterior motive. You are not alone, nor should you get so hardcore that others perceive you as too hard to work with. Put some protections for your intellectual property in place, try and be consistent in their application and suddenly you'll attract more professional clients and better projects.

Has "all this other" work been priced out already?

What kind of proofing/approval form or language do you normally use?

If the other work hasn't been finalized on price, figure out what you want to earn from the logo design and bury it in the design/setup fees for all the other work. This person doesn't value or respect you or your casual approach, so I wouldn't lose sleep over a little subterfuge on the invoicing of the other work being done to cover your costs of designing the logo.
 
I still don't think she can legally use it. Meaning if it was worth it to you, you could send cease and desist letters and then sue her for continuing to use it. Nothing more then that really though.
 

mark-s

New Member
Until I get paid they can come to the shop and see it on my computer or a picture from my Iphone.

mark-s
 

Showoffs

SHOWOFFS
Copyright Issue Policy

This is what I have on my web site and must be signed off on for all prders. Have had the Client "ITS MINE" headache way back when and had to spend $$$ on lawyers so this was an excellent solution and I can not deter from holding to it no matter who they are..I call it CYA (cover Your ***)... Please feel free to copy or use part or all of the policy if it would help in the future. I also post Artwork online on my site for approvals that I have my site Right Click Disabled and TEXT disabled. When I client has to requested as just file format they also have to fill a form online that they have to Check a Box that they have READ and accept my Policy as follows:
DESIGN FEES ARE REQUIRED IF ASKING US TO DESIGN PRIOR TO PLACING AN ORDER. SEE NOTE UNDER DESIGNING INFORMATION
DESIGNING
*******NOTE: If you are asking for Design before placing an actual Order. You will be required to give an non refundable Design fee of $100.
If you then do place the order the Design fee will be applied towards the order. If more then 3 re works are performed the $55 per hour fee will be added
COPYRIGHT POLICY


**ALL DESIGNS CREATED BY SLY DESIGNS/SHOWOFFS ARE PROPERTY OF SLY DESIGNS/SHOWOFFS UNLESS A LOGO PACKAGE HAS BEEN PURCHASED.

IT IS VERY IMPORTANT TO PURCHASE A LOGO DESIGN PACKAGE AT THE TIME OF DESIGN STAGES FOR ANY PRODUCT ORDERED.

AS ANY ELEMENTS WE CREATE FOR ANY DESIGN/CLIENT ARE SUBJECT BECOMING PART OF OUR EXCLUSIVE CLIP ART COLLECTION AND ARE COPYRIGHTED BY SLY DESIGNS/SHOWOFFS WHEN THEY HAVE NOT BEEN PURCHASED AS LOGO.

IF YOU WANT TO PURCHASE YOUR DESIGN GO TO OUR LOGO DESIGN PAGE FOR MORE INFORMATION

PER FILE FORMAT Option

A $40 fee is applicable if you would like to use the design as a Hi-Quality Black white sent via Email. This DOES NOT make the design yours until purchased. It is a use of "fee" and does not imply "Rights" to the design, only a temporary Use per file sent. The $40 fee would apply to each file format requested.

USE Release Package

You may request the design as a package for use for advertising/promoting purposes in 4 file formats (EPS, PDF, & JPEG) as (1) Color and Black and White for $675, yet where elements from our exclusive clip-art collection has been used in your design it is not available as "LOGO" rights and does not imply "Rights" to the design.

When a design is produced for a product SHOWOFFS offers, it does not imply rights to it but limited use rights.

Logo Design Package is $895.00

We will provide your new SHOWOFF Logo in 4 usable file formats, EPS, JPEG, PDF & PSD (Photoshop layers) All fonts used will also be included in your package.

As Full color (Several versions), Gray scale and as Black and White


Where elements have been supplied to SHOWOFFS by the client or others on the client’s behalf, the client shall indemnify and keep indemnified SHOWOFFS against all costs and claims arising out of any libelous matter or any infringement of copyright, patent, design or any other proprietary right contained in such artwork text, style or graphic.
Unless specified by the client, SHOWOFFS in its absolute discretion shall print all works for digital printing in a resolution which in the considered opinion of SHOWOFFS is most appropriate for any particular application.
It is understood any and all artwork supplied by client for reproduction, guideline, or production has been supplied to SHOWOFFS with NO copyright issues and the client will be held responsible for any claims of infringement and SHOWOFFS will not be held responsible for any copyright infringement. Art work supplied is supplied to SHOWOFFS with all useful rights applied.
Any alteration or deviation from above specifications involving extra costs will become an extra charge over and above final cost. All agreements contingent upon strike, accidents or delays beyond our control. Insurance will be applied to all shipments of finished products.

Good Luck!
 

neato

New Member
Easy answer:

Don't do ANY work before getting paid. That solves all issues.

I understand wanting to do a design to sell a job, but my opinion is that's what your portfolio is for. Showcase your abilities and sell on your past work and good reputation.

I've learned that I don't want to work for free anymore, there's too many other things I could be doing with my time.

We are in charge of the way we do business. :)
 

Marlene

New Member
it happens from time to time when you think you are safe and then find out you weren't. now you know you can't trust like that and will, I'm sure, have it in writing from now on. you can tell her that she can't trade mark the design as it was done for her approval only and was not a give away, but a paid service that you provide. tell her that the ownership of the design is yours until you sell it to her and then she can do as she wishes.
 

bob

It's better to have two hands than one glove.
Yep. If you didn't contract and get paid for the artwork, then you've got nothing to stand on. Never do free work - ever. At the very least put something in writing.

Well there Clarence Darrow, you might want to familiarize yourself with the Berne Convention of, I think, 1989. The creator of a work has enforceable copyright on that work merely by virtue of the fact that it exists. And it most definitely is enforceable. Been there, done that.
 
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