Image Use

[glorybound]

Okay, I am steamed. I have been trying to get paid on a project for 3 months. Each time I contact him he says Friday, however, it has been 12 Friday's. The project isn't done, but it is about 90% complete. I stopped getting feedback after one final red-lines. This morning I wrote him, telling him, if he can pay 1/2 by Friday I'll be willing to park his project and stop late fees. I mentioned that I have removed each late fee thus far, but will now allow it to accrue. If he pays 1/2 by Friday I'll remove the one recent late fee, which is now $45 and late fees are added every two weeks. All well and good, and he has been so nice saying he has more work coming (really?), but look what I found! He has been using the images all along!

https://goo.gl/Bgr2XT

[Pixelcon]

Did you ever put a contract in place?
Do you have a lawyer?
Did you watch this? https://www.youtube.com/watch?v=jVkLVRt6c1U

[glorybound]

Yes, I have a contract, which clearly states that he has no rights until the project is paid in full.
No laywer, but I will by the end of the week.
Yes, I saw the video awhile back. Awesome!

It takes one bad apple, so from now on, WATERMARK!

[Mokiki]

Well you have a contract in place and they didn't pay you.... that doesn't leave much room for interpretation. Now comes the question how you want to deal with this.

[glorybound]

How I want to deal with it and how I should deal with it are two different things.

[Mokiki]

Haha. That is indeed true :P

[arobbert]

1. Document the fact that the images are being used so you have proof (in case you have to sue). The fact that he's using them means he has accepted the product and payment is due.
2. I would tell him you noticed that he's using the images and that he can't use them until he pays the balance. I would remind him of the terms of the contract which he's already violated in more than one way.
3. I would demand payment in full within 2 days or take him to court. He's already demonstrated his intention is not to pay.
4. Do not accept a partial payment. If you do it's much more difficult to get additional payment.
5. Is he located in your area? If yes and the amount is low enough you could take him to small claims court which is much less expensive. You will almost certainly win and it's not likely he will want to go to court.
6. I always watermark my images right across the image. This totally eliminates this kind of problem.

[glorybound]

I did a screen shot, so I have that. He actually emailed me today, saying that he would like to finish things up. Can you say, WATERMARK!