Client wants to pass my brochure to a new designer- Refuse Payment?

[angie-claris]

Hi, I spent a considerable amount of time converting 6-10 pages of very detailed process flow from a training agenda to a one page infographic using Venngage Software.  My SME loved it all along as we reviewed several rough drafts and lastly a test run print out.  Suddenly, after she had a call with her business partner (who tore apart what was basically industry standard design templates- clearly Instructional Design is not her background) chose a new designer, "going a different direction."  They want to take my PDF and send it to the new designer that can do what I did in "two hours."  Of course they can.  I did all the hard work.  So the million dollar question.  If I refuse payment, can I just tell them to delete my files and they legally/ ethically then cannot use my design?  Because, naturally this new designer will look like a super hero deleting a few bullets.  A few lessons learned here.  But I don't want to give this designer my work.

[spectralua]

Yes. Client can do anythig with your work only if paid it. 

[prestonhunter]

re: "But I don't want to give this designer my work."

You don't sound very mercenary-minded.

You sound like you are more of an artiste than a mercenary. So I may simply be unable to relate to your perspective.

[angie-claris]

Thank you for this feedback.  It is what I needed to confirm.

[prestonhunter]

re: "Client wants to pass my brochure to a new designer"

That is not true.

The client wants to pass HIS brochure to a new designer.

You were hired by a client to work on the brochure. That doesn't make it "your" brochure.

A client owns the work that he pays a freelancer to create.

re: "If I refuse payment, can I just tell them to delete my files and they legally/ethically then cannot use my design?"

Let me tell you about John.

John hired a talented cake designer to design a birthday cake for his daughter.

The cake designer came up with a beautiful design, and sent the illustrations to John.

John paid the cake designer, thanked her, and then said he was going bake the cake for his designer using the design. The cake designer was furious. She ripped up the check and told John that she was refusing payment. She said she was not going to let him use her design, because she should be the one to bake the cake.

John baked the cake using the design and everyone had a great time at the party.

This story has nothing to do with the original poster's situation.

[feed_my_eyes]

I think it's going to be pretty difficult for you to ensure that they don't use your design; they've got it and have already shown it to the new designer, so you may as well get paid and just chalk it up as a "bad fit". You've only got one review here so far, so damage limitation should be more important to you than revenge.

[angie-claris]

Thank you for your feedback.  It is more an intellectual property question.  Not that I want revenge.  I should have added that the payment was less than the original amount discussed.  However, I wasn't going to split hairs on the dollar amount.  I was just going to request my intellectual property be protected and that the new designer does their share of the heavy lifting and perhaps proves to them what they are new to having left corprate America where I.D. teams did this for them in the past.  It is a learning curve for everyone branching out in to the self-employed world.  I prefer to not make enemies, hence, why I am seeking advice from other talent in this group.  Thanks so much!

[feed_my_eyes · Accepted solution]

Don't get me wrong - I would definitely be very annoyed if I were in your shoes, and I often advise freelancers to stand up to clients. But in this case, they'll probably use your work anyway (the new designer could make enough changes for it not to be intellectual property theft), so you'd only be doing yourself out of a payment, making them angry and ending up with a worse review. And would you have the resources to take them to court, if it came to that? I just don't think it's worth the trouble, and especially not while you're still trying to establish yourself on Upwork.

[angie-claris]

This is exactly what I needed to know and hear.  I left everything on very good terms, and refusing the payment would "rock the boat."  Like you said, I have no way to keep my file from going to this new person or to police that.  Thank you for your guidance!  This forum has been very helpful.