< NO!SPEC
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- twooh
I just experienced a first-hand blow to the stomach with something like this. The client said he'll pay after a second round a comps, and never emailed me back after my first submission.
Does anyone have any experiences with contracts/lawyers? I'm interested in getting one, and seeing the proper type of attorney to protect myself.
- Gucci0
if you're in to working for free... spec is where it's at.
- twooh0
if you're into not giving serious responses, newstoday is where it's at.
- spendogg0
What kind of work was it? You may be lucky that you only did one round of work, could be much worse.
If you did not have a contract or letter of agreement, there isnt too much you can do about getting paid.
If you feel the work is going to be stolen and reproduced by somone else - find a way to prove you did it first, ie. put all the comps in an envelope with a letter from you addressing your concerns and mail it to yourself - keep it unopened - the postmark will hold up in court.
Just make a point from now on to get partial payment before any work is done or handed over.
- twooh0
Good idea. It was a logo design. Dunno if I should mention the creative director/company here, but they mailed me their own contract, and I had signed for it, but it only stated that I would get my partial payment after the second round of comps.
I have an email trail that leads to our conversation and everything, but your idea is pretty clever. I'll do that.
- Mimio0
I'd hound him/her, let'em know you're not going away without payment.
- todelete__20
Instead of emailing the place keep calling your contact. Try your best to be calm and don't make any threats.
Just drop subtle hints about 'having a contract' and 'an agreement was made' and 'i was never paid for the work done' and such.
Maybe in another week look up a lawyer, it doesn't even have to be a good one. In the phone book it should list them under what they practice. Some are for buying/selling homes, some are for medical malpractice. Find a general lawyer or a small business claims lawyer.
If none of that works I'm sure you know where to find the guy. Slash all four of his tires to his sports car. I'm sure they're about $150 each. x 4 you're looking at the price for your logo.
:)
- Gucci0
it was a serious response, tit.
...commenting on the link you referenced.lighten up.
//sorry about you not getting paid, though. some people are just pricks like that, and were the tables turned, would kick up a shitstorm. hope it works out.
- taragee0
yeah he may just be busy p exploring otheer options or somehting how long has it been? did you send an invoice?
- twooh0
sorry if i seemed annoyed gucci. there's often not a lot of serious responses on Newstoday these days --especially on serious topics.
anyways, yeah, i don't think i could hound this guy. after all, it was just one round, and it could've been worse.
i just want to protect myself in the future with a solid contract, and am considering getting a lawyer to help me build one if i need to.
- twooh0
taragee,
it's been over a month, and the 'contest' is over. i knew it was fishy at first, but they offered to 'pay along the way', and this is coming from a reputable company that I've heard of prior to being a designer.i haven't received an invoice because it was only the First round of comps. they would start paying after the Second one. pffttt. stupid me....
- taragee0
well what were you going to get paid teh second round?
id send them an invoice for 1/2
- twooh0
1k
- spendogg0
Mos def send an invoice - accounts payable will have to deal with it sooner or later.
- taragee0
yeh aid write a letter withthe invoice liek i hadnt heard back from you and here is my invoice or kill fee YOU PAI NOw!
- subversve0
it was a contest? if it was, you may want to look at the submission guidlines/fineprint. a lot of contests state that they hold the rights to any submissions whether those submissions win or not. if you didn't sign the copyright away, wait until they start using the mark in their collateral then have a lawyer send them a letter telling them to stop using your copyrighted artwork.
- acescence0
that sucks, sorry to hear it.
one thing... i would caution against using the "poor man's copyright", ie: mailing something to yourself, as it will very likely NOT hold up in court if it is your only proof.
try this at home: address an envelope to yourself, put nothing in it, don't seal it, and mail it to yourself. ta da. you are now free to seal your "proof" into this envelope.
- twooh0
nono, it wasn't a contest. the contract they gave me stated that it would pay 'per round of comps'. it's just so strange how the Creative Director of a reputable company hasn't even replied via phone or email. extremely unprofessional if you ask me.
plus they're in another state, so I don't know how this would hold up in small claims court, nor do i know who do i consult regarding legal matters.