legal question

[robschwager]

Okay. Serious question.

Let's say I had an aquaintance, his name was John. John is an artist.

John had a few buds in the music biz. One of these buds, Phil, was friends with a popular band, Dinkisfarts.

Phil wanted to have John do up some artwork for Dinkisfarts, cuz well, John was a fan and they just wanted to do something cool.

John had another artist bud named Scott who's style he thought would fit Dinkisfart's image perfectly.

John, being a cool guy, hooks his bud Scott up with Phil. they talk, and Scott cranks out a cool B&W image.

Scott gives that Image to John to digitally color. John goes balls out, really hooks it up. Makes the dull B&W artwork shine.

John sends a jpg of final image to Phil, Phil shows it to the band, they go nuts cuz it's perfect for em, and they wanna use it.

Year and a half passes.

Phil hooks John up with HUGE merch company. John sends them a CD with the image burned on it to use to make sample merch pieces to show tha band. Mock-ups if you will.

Everybody finally hopes that they will see a lil cash and that the image will finally get used to promote the band they like.

half a year passes.

John gets an e-mail one day cuz he's on Dinkisfart's mailing list, and sees that the image that he helped create is being used on shirts, etc.

This is the first that John hears of this. He's a little tweaked because he never got paid, got sent a release form, etc. Later in the day after a few phone calls, he learns that Dinkisfarts used that same image for their summer stint on the BLOZfest tour.

This really angers John.

John calls Phil and Scott.

Phil says he tried to get us paid, but nothing happened.

John says BS.

John talks to Scott.

Since Scott is the originator of the B&W lineart that John colored, it turns out that the merch company ONLY got Scott to sign off as sole owner of the image, even though John was the one who digitally colored and sepped the piece. And it's HIS files that the merch company used to run films to produce the shirts.

Scott got paid. Promised to kick John some cash, but it's been over 6 months and Scott has sent not one thin dime.

OK. question:

Legally, since Scott signed off on the piece, even though it was a collaboration between 2 artists, does John legally have a leg to stand on to try to get some money or free swag out of the merchandising company for all the hard work he's done?

What can he do?

Thanks,

talk amongst yourselves.

[kozik]

you have no contract. your name is not on anything.
your fucked.

[gun sho]

i think that john should probably kick scott's ass.

[robschwager]

i think that john should probably kick scott's ass.

I think he said he was going to.

[MaximumFluoride]

You don't want my opinion on this. It's way too passive.

[goad74]

I second on the ass-kicking.

Actually, I think that John should spread the word about Phil's morality.

Or does John have copies of the files and can prove dates?

[GIGART]

Yeah...if nothing is in writing...then John really has no attachment to the project...that is messed up on Scott's part...but for future...get a contract signed from Scott...first...and then if possible, from the company or band...or make sure that Scott has a contract signed that has both of your names as partners...I got screwed 3 times before I finally got everything in writing...and saved my ass...john may have to learn from this and never do it again...I even get contracts signed from friends of mine at companies...cause I have found that if they leave the company...then you get stuck working with someone else who has no clue about the deal you had made...so I don't even feel bad about getting a friend to sign a contract...and lastly...I do all of this before I send off anything they can use...never send final art without making sure that you are safe and will get what you deserve...if they need it right away, rush, or have a problem signing the contract...I always think then that there is something that they are not telling me...if they had nothing to hide, they will sign....just a few thoughts...good luck to john...

[John]

Yeah, from a legal perspective, I agree with Kozik and all my professors from law school. It's unfortuanate, but what can you really prove? It's just a he-said situation. You never represented to anyone of your true involvement in the deal therefore you kind of shot yrself in the foot. Sorry, it sucks. I think the courts are less of an avenue as just some straight-talking is.

Good luck.





CAVEAT: The aforementioned in no way represents a legal and/or binding contract nor an extension of legal representation. Hell, it's not even indicative of any learned legal knowledge when you come down to it.

[Decker]

Asskicking and the flaming bag of shit at his front door. That is unless you're planning to kick in said door. Then after you have administered the ass kicking shove his face in the flaming bag of shit.
Flame is optional but it does send a strict message.

Next time you do that freebie maybe get paid later shit print a copy and send to yourself poor man's copyright style.

[GIGART]

...and then for future dealings...if you did have a contract signed for the work, and then later see some other use of the art, that you did not authorize in the contract...then you contact them and get paid for that too...I have found use of my art for other products other than discussed...when I call them, they usually just say, how much do I owe you...I tell them and then tell them how fucked that is that they would do this without asking me or working out a second deal...in which I get another contract signed...people suck.