Draft Work stolen and used for publication without my agreement


Jul 27, 2011
296
2
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#1
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.
 

May 5, 2009
480
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#2
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?
 

Sep 17, 2008
3,656
0
0
#3
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.
 

Jul 27, 2011
296
2
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#4
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
 

donut88

Senior Member
Nov 14, 2008
2,182
5
0
#5
I'm sure u send the draft through email, right? Then use that email as proof. Court takes emails as evidence
 

May 5, 2009
480
0
16
#6
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?
 

coolthought

Senior Member
Jun 23, 2008
2,310
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#7
TS. Did you mentioned upfront that there will be a charge for your service?
 

Jul 27, 2011
296
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#8
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...
 

daredevil123

Moderator
Staff member
Oct 25, 2005
21,644
63
48
lil red dot
#9
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:
Oct 16, 2011
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#10
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.
 

coolthought

Senior Member
Jun 23, 2008
2,310
1
0
#12
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

Senior Member
Jun 23, 2008
2,310
1
0
#14
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.
 

Rashkae

Senior Member
Nov 28, 2005
19,105
12
0
#15
Also consider contacting the parent organization of the childcare centre - MCYS, etc.
 

sjackal

Senior Member
Jul 9, 2008
4,490
10
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#16
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?
 

Jul 27, 2011
296
2
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#17
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..
 

NikF601

Senior Member
Jul 26, 2010
1,541
0
36
52
CCK
#18
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...
 

coolthought

Senior Member
Jun 23, 2008
2,310
1
0
#19
nikonriana said:
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.
 

daredevil123

Moderator
Staff member
Oct 25, 2005
21,644
63
48
lil red dot
#20
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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