*Stolen* work? copyright lawyer - NY
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- sem0
Yay QBN Unite, we're like Voltron with NSFW bits when united.
- hardhat0
yeah @jtb26 -- i thought opinions might not be more than we already know, but its just good to know if youre being too soft or too much of a dick by setting the law on them.
i think @gnash has it -- offer a figure of what we might have sold the rights for, and add a penalty for them being a little naughty for not clearing it. i'm sure its all a trifle embarrassing for them
thanks for the words y'all!
- jtb260
Seriously mate, go get a lawyer. You're flying by the seat of your pants, and you don't know what's fair. A copyright lawyer will help you determine a fair value, and ensure that you don't get screwed. You're going to get a variety of opinions on here, and it makes for an interesting discussion but I'd wager that many of the opinions are no more informed than your own.
- Gnash0
I see - by your lovely portfolio - that you guys know what you're doing. You won't find a clear, definitive answer on this forum. If $5K is what you feel you'd normally charge (I know it's not a normal situation) then add a premium to that (x2?) and try that. They will either negotiate it down, or just remove art.
Again -- be clear that you are not transferring copyright. Make the licensing clear and narrow. if they want to negotiate then use the licensing as the factor, not money.
Be cool. In the end, maybe you can get a client out of it -- they clearly like you your work.
- Gnash0
^ don't reveal the client. you don't need this thread showing up anywhere
- kona0
- hardhat0
@gnash -- thats what im not sure about. how much to licence your work to a company to use it in their marketing of a pretty popular app?
sorry. its a bit hard with showing you the work used in situ.
i guess im just wondering $500? $5000? $50000?- 500 is out -- you should even get out of bed for less.Gnash
- *shouldn't
Gnash - are they using any of it in-app?Gnash
- no -- none in app. just on App Store and on website. $500 would be insulting, but you can see what i mean. I was thinking $5k for all the drama, but dont want to appear too greedy/pushy, and also dont want to feel like ive undersold our workhardhat
- $5k would be more in the ballpark but just dont want to undersell the workhardhat
- uan0
try to figure out how much it would cost them to replace the content (with redesign or stock material) and ask for that amount
- Gnash0
Perhaps just bill them what you would have charged if you'd been hired to do what was used. add a little punitive fee (I charge double rate for rush/unreasonable jobs)
- mekk0
Send them a ridiculously high invoice
- doesnotexist0
i would ask them how much work they got out of it. something like a finder's fee because of that, or maybe even spin it so they can continue using it and you can continue getting a finder's fee...
iunno, be creative
- hardhat0
heh, sorry to bump this. basically i emailed them and politely told them off, and asked for some sort of compensation. the legal within the company that i contacted first forwarded it on to someone else up the ladder with no more than "wtf?!" to them as her response.
now the million dollar question... they're asking "how much?"
im not looking to fleece them, but obviously want to get something fair. what say you?
- hardhat0
@doesnotexist - thats kind of what i want to know. if its worth the fight (as in might i get a payout), or just let it go. seems silly to fight over something stupid
- doesnotexist0
you need an i.p. lawyer
but
i would move on
- hardhat0
@omahadesigns
no. its work that we commissioned to get shot
- omahadesigns0
Are you the photographer?
- freedom0
They stole your work, not just your ideas, they should pay.
- zarkonite0
ALWAYS start with a lawyer... don't be that account guy that tries to art direct you. You don't know the law, they do.
- benfal990
Step 1 : Ask to remove it all immediately in a passive-agressive way
Step 2 : If they dont' remove, take legal action.. immediately
- prophetone0
Stolen design work used to promote a product... is it Spike Lee doing this to u?
Wait, never mind, i thought you said a "$50 product".