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The client asked for a refund and he uses my pictures on his site

sorbusterius
Active

This is my problem:

The job took a long time, so Upwork sent an automatic message after three months that the job was closing. The client accidentally asked for a refund, at least he told me so. I approved it. We continued to work and soon finished the whole job. This is the date of the last message: Friday, September 13, 2019. It's been almost 2 months and the client has not paid.
On his site he posted pictures of the houses we were doing. I can give you a link to see.

So he uses pictures I did that he didn't pay for.

Where can I report a client?

Thanks

14 REPLIES 14
moonraker
Community Guru

Dragan P wrote:

I approved it.


Why? 

I do not know why. I did more jobs with that client so I trusted him.

Have you tried speaking with the client about it? 

After the refund, I asked him what they were proposing now?
He said there was only one correction and that we were finishing the job.
I did the correction and after his "Perfect" we no longer corresponded.

After a couple of days, I received an offer from his colleague to do similar job for a small amount of money.

I realized they were kidding me and they would never want to pay.

But today I found evidence that he uses images on his site. I sent those pictures through job at Upwork.

Thanks

Dragan, there is nothing Upwork can do.

You approved the refund. That's the end of that.

 

You can tell the client that they either need to pay you or take the pictures off of his site.

 

OK.If he won't remove the pictures from the site? Then what can I do?

Thanks


Dragan P wrote:

OK.If he won't remove the pictures from the site? Then what can I do?

 


I am not a legal expert, so somebody more knowledgable than myself will likely have more of an insight (and maybe correct me altogether), but... that you agreed to give him the refund likely means there's nothing you can do.

I think the best thing for you to do will be to put it down to experience. 

Even if there was something you could do it would probably not be worth the time, effort, and potential expense. 


Dragan P wrote:

OK.If he won't remove the pictures from the site? Then what can I do?

Thanks


You can issue a DMCA take-down-notice to the hosting company.

 

Jamie, he didn't refund (as such) - he was never paid, so the rights belong to him.

Thank you

Better still, Dragan, you can inform your 'client' that you're aware of your rights to issue a takedown notice of their entire website (not just an offending page or two).

 

Then set your stopwatch and see how fast s/he is to make the payment in full.  🙂

 

Good luck!

 

 

 

petra_r
Community Guru

Chris P wrote:

Better still, Dragan, you can inform your 'client' that you're aware of your rights to issue a takedown notice of their entire website (not just an offending page or two).


He has no such right. It only covers material he holds the copyright for, = the pictures he created and was not paid for, not entire websites.

 

 


Petra R wrote:

Jamie, he didn't refund (as such) - he was never paid, so the rights belong to him.


Ah. Fair enough. I misread it. 

I sent him an email and I'll let you know what happened.

Thanks

lysis10
Community Guru

lmao this is great! Refunds money but keeps working anyway. 

 

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