Quote:
Originally posted by Newton - XXXAmigoz@Dec 30 2004, 01:18 PM
PSD files are not given out until the client has paid in full, if the client has requested these. If you are constantly changing the graphics, then only the final product will be of use, unless it was the clients intention to use them regardless of any changes that were made.
Changes are always a given and any graphics given to the clients, will have a watermark on them, you own the copyrights on these until sold, and if they are not paid for you retain the right to sell them (minus of course the content used in the creations, if belonging to the client). The client can not use these if he has not paid for the design, as you hold the copyright and creation date on these, thus proven they were designed by you or your company.
If the client has not paid and are not actively seeking to keep the lines of communication open, you should potentially contact their hosting service to have those graphics withdrawn from the sites. Naming and shaming the client will result in them bringing their version to the table and also serve as a potential warning to others.
Seek legal advice if you wish to take this further.
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Good advice. I'm not a designer, I'm a programmer. However, whenever possible I do all the work on my own servers for this very reason. Any contract over $500 requires a 50% down payment - no exceptions. Even my closest friends understand this - it's policy and while I may love you like a brother I can't make exceptions and maintain the integrity of my business.
It sounds like you dropped your guard on this gig and got taken. That sucks.
It's happened to me and that's why I have my policy now. No pay, no work, period.
It's a double-edged sword though. Some clients will run away if you require payment up front. That's their perogative in my book. If they are too scared to trust me and my reputation then ok, I'm not going to sweat it. Plenty of respectable people DO trust me.
In this situation you're probably fucked on recouping the money, sadly. The most you could likely do is file a DMCA on them if you see your works online. Beyond that I am not aware of any real legal recourse you have given that you have already delivered all the goods.
