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Thread: Draft Work stolen and used for publication without my agreement

  1. #1

    Default Draft Work stolen and used for publication without my agreement

    Hi all,

    Previously i was asked to do a draft design of a poster for a XXXXX Childcare Center as their house opening.
    After i submitted the draft copy, i did not received any reply from their directors so i assume it wasn't up to their standard...
    But lately i found out that my poster, exactly the same copy without changes has been used in many places without that area as their publication materials and they even paste a A3 size poster right outside their center.

    Any bro here encountered such problem?
    What can i do to them?

    Thanks for your time.

    I still have my .PSD file with me as prove of my personal work which includes my drawings, photos as well.

  2. #2

    Default Re: Draft Work stolen and used for publication without my agreement

    how did they contact you to come out with a draft design? did they mention anything about what they going to do with the draft after you submitted to them? is there any agreement that you signed?

  3. #3
    Deregistered allenleonhart's Avatar
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    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by nikonriana View Post
    Hi all,

    Previously i was asked to do a draft design of a poster for a XXXXX Childcare Center as their house opening.
    After i submitted the draft copy, i did not received any reply from their directors so i assume it wasn't up to their standard...
    But lately i found out that my poster, exactly the same copy without changes has been used in many places without that area as their publication materials and they even paste a A3 size poster right outside their center.

    Any bro here encountered such problem?
    What can i do to them?

    Thanks for your time.

    I still have my .PSD file with me as prove of my personal work which includes my drawings, photos as well.
    go to small claims and claim. also feel free to type out the name of the company.

  4. #4

    Default Re: Draft Work stolen and used for publication without my agreement

    My friend is a teacher in that childcare and was told that they are looking for someone to do their open house poster. No black and white agreement... they just asked for the poster to "take a look" and see if there is any more need to make adjustment

  5. #5

    Default

    I'm sure u send the draft through email, right? Then use that email as proof. Court takes emails as evidence

  6. #6

    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by nikonriana View Post
    My friend is a teacher in that childcare and was told that they are looking for someone to do their open house poster. No black and white agreement... they just asked for the poster to "take a look" and see if there is any more need to make adjustment
    since your friend is a teacher there, why not just let him/her to ask the appropriate party for explanations? or just send in an invoice for using your work?

  7. #7

    Default Re: Draft Work stolen and used for publication without my agreement

    TS. Did you mentioned upfront that there will be a charge for your service?
    Coolthought - 冷静思考 - クールだ http://xaa.xanga.com/0aba0666d143253.../t35917343.gif

  8. #8

    Default

    Yes I did mention that I'll charged at xx amount and per amendment will increase price...thus I did not send invoice in advance...

  9. #9
    Moderator daredevil123's Avatar
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    Default

    Just take pics of the poster in use and send them a bill. If they refuse to pay, take legal action.

    In the first place, you should never provide draft work in high res without watermark. And you must have a contract in place before any work starts. Or at least have a contract for them to sign when they take the draft, stating that they are not allowed to use any work before full payment.

    Lesson learned.
    Last edited by daredevil123; 17th October 2011 at 10:15 PM.

  10. #10

    Default Re: Draft Work stolen and used for publication without my agreement

    Always keep some evidence that you created the original work. Email is the best record. There are a lot of sharks out there. I work in research and in our line of work, who did what or came up with which idea is very important. So people have learned to copy many other people on emails when they discuss their ideas. This is a way of ensuring that you get the credit for coming up with ideas. To me, it is an annoying practice but a necessity nonetheless. The world has become a pathetic place.

  11. #11
    Moderator daredevil123's Avatar
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    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by photoboffin View Post
    ...The world has become a pathetic place.
    Hate to say it... The world has always been quite pathetic.

  12. #12

    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by nikonriana View Post
    My friend is a teacher in that childcare and was told that they are looking for someone to do their open house poster. No black and white agreement... they just asked for the poster to "take a look" and see if there is any more need to make adjustment
    did you only deal with your "friend"?
    Coolthought - 冷静思考 - クールだ http://xaa.xanga.com/0aba0666d143253.../t35917343.gif

  13. #13
    Moderator daredevil123's Avatar
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    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by coolthought View Post
    did you only deal with your "friend"?
    Friends don't let friends do work without a contract...

  14. #14

    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by daredevil123 View Post
    Friends don't let friends do work without a contract...
    the concern here is whether there is any "broken or missed" communication between the friend and the person in charged of signing the check.
    whatever it is, do be polite and patient and give the benefit of doubt till things are clear but be firm.
    Coolthought - 冷静思考 - クールだ http://xaa.xanga.com/0aba0666d143253.../t35917343.gif

  15. #15

    Default Re: Draft Work stolen and used for publication without my agreement

    Also consider contacting the parent organization of the childcare centre - MCYS, etc.
    Alpha

  16. #16

    Default Re: Draft Work stolen and used for publication without my agreement

    No money paid, the work belongs to you.

    Did you send a quotation before doing any work? Did they confirm they accept your quotation before you do any work?
    WTB Manfrotto RC4 L Bracket

  17. #17

    Default Re: Draft Work stolen and used for publication without my agreement

    I went down to the center personally and find them when there's parents around.. they are going to arrange another meeting with me to nego the price..

  18. #18

    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by nikonriana View Post
    I went down to the center personally and find them when there's parents around.. they are going to arrange another meeting with me to nego the price..
    Good to talk to them face to face... keep us update...

  19. #19

    Default

    Quote Originally Posted by nikonriana
    I went down to the center personally and find them when there's parents around.. they are going to arrange another meeting with me to nego the price..
    Usually, the price is negotiate together with the deliverables before start of work. Anyway, too late for that now. In this case, it will leave no way out for both parties should there be no agreement.
    Coolthought - 冷静思考 - クールだ http://xaa.xanga.com/0aba0666d143253.../t35917343.gif

  20. #20
    Moderator daredevil123's Avatar
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    Default Re: Draft Work stolen and used for publication without my agreement

    Quote Originally Posted by coolthought View Post
    Usually, the price is negotiate together with the deliverables before start of work. Anyway, too late for that now. In this case, it will leave no way out for both parties should there be no agreement.
    There is always a way out. Arbitration or law suit. After law suit, can still settle out of court.

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