Opinion..
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- jersey4000
Related to earlier one...If I design an email for a client and clearly state Additional Usage terms and they then resue that design on another campaign - can I legally seek compensation for an additional campaign using the same design?
Exact phrase of contract: Additional Usage: If Client wishes to make any additional uses of the Designs, Client agrees to seek permission from the Designer and make such payments as are agreed to between the parties at that time.
Watcha think, don't want to get litigious though I'm currently kinda pissed - anyone been through this?
- jersey40000
Damn, if only I posted a trivial comment or an immature statement about a resume, then I'd get a response.
- wordssssss0
It seems that if you got that signed and in your possession you guys shold at least talk.
- ********0
I haven't been through this, but I would think you have just cause. you're not getting any answers because hardly anybody is on nt, and those who are don't have any experience with this situation
- ********0
you say "another campaign" and that he used the "same design". doesn't that make it the same campaign?
- jersey40000
Witt, well, good point - but I see campaigns as being defined by when they were launched, if one were to re-launch a campaign in theory, it's a different campaign, no?
- ********0
i think we have found a little hole in your contract.
but you need proper advice on this. usually public law rules over holes like that. i'm not in the US so i may be misguiding you. so i better shut up. good luck.
- jersey40000
Thanks man, all the same -
- ********0
np. btw, maybe a free forum like lawguru.com could help.
...or just phone the AIGA and try to sound like Rand. He rulez dat joint ;)
- JerseyRaindog0
Additional Usage: If Client wishes to make any additional uses of the Designs, Client agrees to seek permission from the Designer and make such payments as are agreed to between the parties at that time.
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Did you agree from the outset how many times the campaign would run. If that wasn't clarified then they may say that this was always their intended marketing campaign calendar. It's definitely a hazy area though but it may mean rewriting your terms in future to cover yourself.
Anyway what does 4000 mean?
- ender790
did they use the exact same design that you made for them? or did they use elements that you designed for a different email campaign?
also, rand is right. nobody is on nt, so you may want to bump this on monday.
- uberdesigner_0
send him a virus or a gay pron trojan
- doesnotexist0
you need to spell everything out in a contract about the current project, and then add things like who owns the rights to the produced work (like if you give them the trademarks/license then they dont have to come to you and ask if they can use the logo on posters, &c.).
put everything on paper like something from AIGA and have them sign it, keep a copy. youre golden.