[thelist] designer's rights

[Steve Cook]

Seeing as I'm not a lawyer, I'm not gonna be able to give you a legal answer
to your question, as someone who's had experience of similar situations, I
can possibly give some advice.

Basically, is it worth antagonising the issue? I take it that point 2 below
was to illustrate that you have some bad feeling towards this ex-customer.
I'm guessing that from that, your desire to keep his name in your portfolio
is more from a position of "I don't want him calling the shots" than
anything else. I would ask what particular point would it serve having his
company listed in your portfolio? If a prospective client of your asks if
they can get a reference from him, you're going to be left in the
uncomfortable position of having to say they can't get one.

Why not just remove his name and have done with it? Going foward with a
legal case can only result in further bad blood, plus you may find he
badmouths you to other potential business contacts.

An important part of good relationship management (imho) is to try and
wherever possible take the higher ground. If there's no economic advantage
to a situation, then don't press it. Try and bow out graciously and
professionally.

I doubt this is what you want to hear, but I hope it's useful! Sorry to hear
the original situation left you out of pocket.

Good luck

.steve


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> -----Original Message-----
> From: Adam [mailto:adam at hallinteractive.com]
> Sent: den 14 november 2001 15:25
> To: thelist at lists.evolt.org
> Subject: [thelist] designer's rights
<SNIP>
> 1: Does he really have the right to ask me not to reference 
> his trademarked
> name in my portfolio (which incidentally isn't finished and 
> only accessible
> from an SE,- damn the power of google!) Remember- no 
> trademarked imagery is
> used only a text reference.
> 
> 2: He still owes me $675.00. Which makes him a dick 
> considering his enormous
> wealth and my overwhelming poverty at the time. I also think 
> that since we
> never discussed my use of created materials in a self 
> promotional context,
> that any rights he may have had  end where our agreement 
> became unfulfilled
> (he received no work, I received no $).
<SNIP>
>