Profile for Tofu_Rok - Need some advice

Tofu_Rok aka Tofu is 26.83 years old, has been a member since February 11, 2005, has scored 272 submissions, giving an average score of 2.11, helping 6 designs get printed.

Jun 04 '07 by Tofu_Rok
17 Comments
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Need some advice - Copyright

I'm having a major headache with a client, I did the artwork for DJ Trush's new album Push the Button, however, after 2 months of no payment I'm getting miffed. He's stopped replying and even though he logs everyday on his myspace account he won't reply back to me at all.

Nowhe's not paying however, he's been using my images with permission and to sell his products. So I really either for him to pay or not use my images on his site and around various either stores.

What can I do??

www.myspace.com/liltrush - his myspace

deathcabfortom on Jun 04 '07 at 11:21am

Kick his ass.

Tofu_Rok on Jun 04 '07 at 11:22am

Yeah OK, can I ask anyone with constructive help please.

Tess Fondie on Jun 04 '07 at 11:25am

did you copyright the image, or did you just do the artwork and he took it saying i'll get the payment back to you soon?

Tofu_Rok on Jun 04 '07 at 11:30am

Well i sent him a 72dpi sample but all the artowork belongs to me since its all time stamped on the file with my name on.

xiv on Jun 04 '07 at 11:35am

this is why you need signatures.

Tess Fondie on Jun 04 '07 at 11:37am

I'm not going to say I'm an expert at this- hell I've never even had to deal with this, however my friend did.

Honestly, I dont know how much the court would give a shit about this case. My friend had the same problem, even went to a lawyer about if and the lawyer told him they could say you're lying and gave it to them as a gift, and they would win the case.

I think you are pretty much screwed unless you had it copyrighted somehow or have a copy of a contract (or a witness to a verbal contract) Someone might jump on here and tell me I'm a dumbass, but if you can please do so, cuz like I said, I have no experience with it myself.

I say the best thing to do if you dont have any of that stuff above is scare the living shit out of the guy with a fake lawsuit, and if he doesnt care to respond to that, then talk with a lawyer first to see if the case is liable...

skafiend007 on Jun 04 '07 at 11:40am

I guess you could sue (yeah, right, novel idea in this day and age...). I mean, if you have the original artwork, with the dates it was created, etc., you could have a good case. I would guess small claims court or something. I don't think you want to get a lawyer involved. Maybe some family friend for "free" consultation.

But if that doesn't work, get a posse together, show up at his next gig and smash his f*cking turntables. Then look at him menacingly and say, "Today it was your turntables, tomorrow your kneecaps, capice?"

Capise??? Capisce???

shirtflirt on Jun 04 '07 at 11:43am

i think it's kah-peesh.

that sucks but welcome to the fucked up real world of getting yours. you have a number of options, ska mentioned 2. third is create some negative shit on myspace about. that takes time and is likely to get you in trouble somehow. sadly, you'll probably just end up learning one of those 'life lessons' of get it writing before you start.

xiv on Jun 04 '07 at 11:43am

find out where the guy is living. (if hes living in a house)

put a lien on his property.

timadd on Jun 04 '07 at 12:02pm

Are you 'cc19.co.uk'? I have no ties whatsoever to anything laywer-y, but perhaps if it IS you somehow hold that as evidence. but as mentioned, it could always be a 'gift'. I dunno, but that sucks for you. :(

Tofu_Rok on Jun 04 '07 at 12:33pm

yep cc19 is me

Stevethegreat on Jun 05 '07 at 11:08pm

tofuuuuuuuuuuu?

28 days later

mcmarko on Jul 04 '07 at 7:27am

dj trush was away but the artwork has now been payed for

ecky_ducky on Jul 04 '07 at 7:47am

Oh that's good. I was about to bust out the contract law. Did you still need help with the other guy?

You need evidence of the existence of a contract, either oral or written. I'd say here you'd rely on an oral contract. You need to determine intention to create legal relations. In Australia, there is a presumption that an agreement made in a commercial context is intended to be binding - I'm not sure this applies wherever you are.

Even if you didn't establish the existence of a contract, you could still have some remedy in estoppel - he induced an assumption that he'd pay, which you acted to your detriment on by spending hours working. The courts would probably order him to pay you.

Talk to a lawyer - I'm only a law student.

ecky_ducky on Jul 04 '07 at 7:49am

I totally misread the first word of the second paragraph. Sorry. Carry on!