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a client is violating my copyright as a designer how can I deal with that

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
11 of 19

The standard legal interpretation of "paid for" would be "paid the agreed amount," or at least "substantially fulfilled agreed payment terms."

 

The client does not get to pay $1 on a $1,000 contract and take ownership of the work (nor $20 on a $200 contract).

 

That said, in most jurisdictions you cannot keep partial payment when terminating a contract for breach unless the contract specifically grants you that right. So, to avoid the client throwing a diversion into the discussion, I would suggest adding to the message to the client that if they choose not to pay, you will refund their $20 deposit and commence copyright infringement actions.

jbfisherking
Active Member
Julius B Member Since: Jun 22, 2015
12 of 19

When a client ordered a logo, the final deliverable file should be in SVG, AI, CDR or other vector format, all graphic designers knows that. Once a designer presented something to a client in jpg or other non-vector format, it is still in conceptualization stage and not final, at least we designers knows that fact. If your client gets away with this without paying the whole amount, upwork is not really protecting its freelancers from this kind of sham. We freelancers should stick together to fight this form of abuse of the system, at least we freelance designers who understands your situation.

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
13 of 19

@Julius B wrote:
If your client gets away with this without paying the whole amount, upwork is not really protecting its freelancers from this kind of sham. 

 Upwork protects its freelancers by creating the milestone system with escrowed funds and strongly advising freelancers not to work beyond the amount that is funded. 

jbfisherking
Active Member
Julius B Member Since: Jun 22, 2015
14 of 19

Yes, but some freelancers tend to work beyond funded milestone in good faith and that the client would pay their end of the bargain. That obviously didn't work in her favor and the loophole finds in favor of the client.

lysis10
Community Guru
Jennifer M Member Since: May 17, 2015
15 of 19

@Julius B wrote:

Yes, but some freelancers tend to work beyond funded milestone in good faith and that the client would pay their end of the bargain. That obviously didn't work in her favor and the loophole finds in favor of the client.


 not really a loophole when the freelancer is just being dumb.

 

what legit company is all "you know you sound trustworthy so we'll let you run off with our stuff and know that you'll pay us later." lol People need to think. 

jbfisherking
Active Member
Julius B Member Since: Jun 22, 2015
16 of 19

Dumb is pretty harsh,  I think naive is more appropriate, Anyways, we freelancers should be at least sympathetic to our fellow freelancer whom I think was taken advantage of the client and make this platform better for us all freelancers.

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
17 of 19

@Julius B wrote:

Yes, but some freelancers tend to work beyond funded milestone in good faith and that the client would pay their end of the bargain. That obviously didn't work in her favor and the loophole finds in favor of the client.


That's not a loophole, it's just a bad business decision. It's no different from a freelancer finding a job posting on Craigslist or some similar site, entering into an agreement with the completely unknown client and then just completing the work and sending it off with no way to guarantee payment. Sometimes that will work out and sometimes it won't. If the freelancer wants greater protection, he/she uses the system as it was designed.

jbfisherking
Active Member
Julius B Member Since: Jun 22, 2015
18 of 19

I agree

afifield
Community Guru
Amanda F Member Since: Aug 8, 2015
19 of 19

Like I previously stated, I am a designer here and I'd want funding before doing a logo design all upfront. If the project is larger which in often most cases it is for me, I'd want a contract that states concepts can't be used until final files are released. For $200, to me it is better to get the client to fund in full because it's not enough to break it up into milestones. Client funds the $200, and then you do the work with agreed amount of concepts, and once the client approves or starts using the design randomly, you then hit the release button for your full amount owed. It isn't difficult if you protect yourself. 

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