'Logo' Question

Out of context: Reply #9

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  • nylon0

    This is all good - thank you...

    One last scenario for you all:

    - Pro Footballer wants a 'website'
    - You do a proposal for a 'website'
    - Pro Footballer signs off budget for 'website'
    - Pro Footballer has no identity to go on said 'website'
    - Proposal goes to Pro Footballer for an 'identity'
    - Pro Footballer declines for the moment. He will need 'a logo' at some point though... and when he does - guess who will be doing it!
    - You create a logotype for Pro Footballer as a filler so website can be launched
    - 'Website' launches
    - Pro Footballer pays for 'website' and is VERY pleased.
    - Two years down the line - seems like Pro Footballer has not only having ball trouble BUT he has produced lots of merchandise with the filler 'logotype'.

    Filler 'logotype' was never paid for.
    'Logotype was taken without permission'
    Pro Footballer has been making money from your work without permission.

    How would you deal with Pro Footballer?

    • sheeeeeit, you basically gave him a logo and didn't charge for it, and didn't bring it up as it was used over and over for yearsmonospaced
    • bill him for the logo but he is not obligated to pay.docpoz
    • Didnt know he was using it till he called me and said 'I want to trademark my logo - can you send the file over please'!?!?!nylon
    • He never paid for the logo. Bill him for it and send files over once he's paid.set
    • Then that means the identity project is complete and reference the proposal. Say, "that's great, I was hoping to hear from you on that."monospaced
    • How is he selling merchandise with the low res logo from the website?set
    • 'I thought it was part of the website'
      'You just chose a font and used my name"
      nylon
    • Took the font and typed out his name - kerned it BADnylon
    • Did it take you more than 5 minutes? Are you entitled to full fee for choosing font quickly?freedom
    • Freedom - seriously question... Does it matter how long it took? It is still our work and they used it without permission...nylon
    • ^ Yes, it can matter. If you pursue legal action, you may have to quantify your level of effort to articulate the impact.hellobotto
    • That's where your hourly rate comes into play. If you can only demonstrate the faux logotype was done in 5 min, take your hourly rate and multiply it by .083.hellobotto
    • Mmm... Well it is a logotype that I wrote out and kerned. First name is larger than the last name and was justified to make a block/stampnylon
    • ...unless you can show where logotype was a separate line in the website proposal. Otherwise, he *may* be able to claim the logotype was part of the total art.hellobotto
    • Again - being serious here... There was no mention of any 'logo' because the proposal was for a website. My designs say in top left hand corner 'Pro Footballernylon
    • logo to go here' if that makes sense?nylon
    • As already noted...send the invoice, if he's honest he'll pay, or he'll have his nephew duplicate it, not much you can do nowformed
    • but how did he get a high enough quality one to "produce merchandise"?formed
    • Explain politely how you created it as a placeholder only, but you're thrilled he likes it so much. Just throw out how much an 'identity' would normally cost...kona
    • ... and say it would be great if he could throw something your way for the time. Or, say you'd like to tweak it a bit for a little extra (point out improvementskona
    • ) and say you'll create it better for all types of usage for a small fee. Like Dalton from Road House always says... "be nice"kona
    • Offer to design a real logo for real money.freedom
    • Tricky one. Out of interest, did you purchase a license for the font you used?monoboy
    • So, what's his name? Please don't tell say it's Tom Brady...OSFA
    • do you normally charge for time when you create a logo? This is a tricky situation.OP31

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