*Stolen* work? copyright lawyer - NY
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- 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?
- 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
- mekk0
Send them a ridiculously high invoice
- 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)
- 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
- 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
- kona0
- Gnash0
^ don't reveal the client. you don't need this thread showing up anywhere
- 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.
- 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.
- 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!
- sem0
Yay QBN Unite, we're like Voltron with NSFW bits when united.
- OSFA0
"Would approaching a (copyright) lawyer be a dick-ish thing to do? I'm also thinking of the impact if the client was to see it as well. Would seeking a $$ payout be a little off?" Not at all.
It is your work. And they are using it without permission. Go for it.
- Miguex0
it's not a dickish thing to do if they are making money.
But just beware that the chances of you making any $$$ are most likely very slim, the most you'll be able to do is send a cease and desist letter, and they'll most likely remove all your stuff in under 48hs.My buddy has ben on the other side of a similar situation, were he released an 'unofficial' remix on a 300 vinyl copy run and put them up for sale, the track got popular, the big label noticed and they were forced to take them off the site, that's all it happened.
On the other hand, I'm not a lawyer, the best thing is for him to decide what to do. Maybe the app developer is making BANK and suddenly you think driving on a masserati is for poor people!!
good luck
- cannonball19780
Flattery would be if your name was on it. This is disrespect, not flattery.
- moldero0
~$50m+?
git those suns a bitches
- hardhat0
we're not really the litigious types, but it is pretty off. its not like our images are completely selling their App, but are definitely in there in pride of place with some other stock stuff. i think it was finding out it was a company who have had a second round of $30m+ funding that got me
- dbloc0
A dick-ish move is to use someone's work without permission.
- 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".