Contract infringements

[Ilgoth]

Hey all!

I have faced this first time; I have an indie author (self-published) who commissioned a map from me. Completely against what we shaked hands on, I haven't been credited. He has published in physical format, e-book format and on his webpage. On all these three outlets, my work has been presented but no where my name is mentioned.

What should I do? Inform? What to do? Have you people encountered similiar situations?

- Ilgoth

[J.Edward]

Did you have it in writing [contract] that you would be credited?
Did you put your signature on the map itself?

[Ilgoth]

Did you have it in writing [contract] that you would be credited?
Did you put your signature on the map itself?

Straight copy-paste:
"You will receive commercial rights for the map. In all publications I have to be recognised and credited as its maker and I have the right to include the map in my portfolio."

The client wanted the .psd file, I recall I left the signature as its own layer. Can't see the signature there.

I really don't mind about this whole thing in the end, but obviously that is lost possibilities for finding new clients.

- Il

EDIT// Have you guys shared psd files if client asked? Is it a mistake? This was the first time I was asked for it.

[J.Edward]

I do not share the psd file except in extreme cases, and it must be stated in contract and agreed to before hand.
Even if I shared the psd file, it would only be with layers they may have requested. Not all layers uncompressed.
Generally I will not agree to that unless there is a very good reason for such a request.
I would have compressed the layer with my name/signature in such a way as they could not remove it without extreme difficulty.
If he signed that contract, then he is in breach of contract.
You would require a lawyer to proceed but it would not be pleasant, as the publications have already been printed.

[Ilgoth]

Most likely I just leave it be, and never work with him or buy his books. Really don't arse anything like that, and I somehow suspect guy like that won't care even if I notified him by email.

And most likely I will be extremely resistant of sharing psd-files to the clients. Annoying.

[Falconius]

There is very little reason to share the creation files I'd think. It's kind of like giving them carte blanche with your work. I'd imagine if most publishers want changes after completion for some reason, they'd just ask the original artist. Why wouldn't they?

[Mouse]

I presume you still have the email chain (or whatever) in which the contract was arranged and agreed, and in which you actually sent your original file to the cheat who did this to you?

Since you have the right to include the map in your portfolio, why don't you make a really big thing of it - a centrepiece, name an album after it - put it on FB, and any other public site with your name on it - the way it was intended. Put it on the first page of your website... Blog/tweet and proudly declare it as your personal work...

Repair the situation for yourself by giving yourself the credit you deserve for it - the credit the author has attempted to steal for himself.

Please correct me (anyone) if Ilgoth can't actually do as I have suggested while staying within the contract himself?

[vorropohaiah]

I presume you still have the email chain (or whatever) in which the contract was arranged and agreed, and in which you actually sent your original file to the cheat who did this to you?

Since you have the right to include the map in your portfolio, why don't you make a really big thing of it - a centrepiece, name an album after it - put it on FB, and any other public site with your name on it - the way it was intended. Put it on the first page of your website... Blog/tweet and proudly declare it as your personal work...

Repair the situation for yourself by giving yourself the credit you deserve for it - the credit the author has attempted to steal for himself.

Please correct me (anyone) if Ilgoth can't actually do as I have suggested while staying within the contract himself?

I like this

[ChickPea]

Ilgoth, I think you should at least reach out to the author and ask - politely - why you haven't been credited, as this is a breach of the agreed terms. Give them a chance to respond, even if you think nothing is likely to come of it. If you don't get satisfaction, I suggest public shaming! I wouldn't be an ass about it, but a blog post/Facebook post with a concise summary of the facts wouldn't be out of line. If this author writes another book, are they going to do the same thing again to the next mapper they commission? People around here would probably like to know about something like that.

Can't help but wonder how this author would feel if their book was found on torrent sites. They'd probably be screaming blue murder about copyright infringement and how people have no respect for the work of others...

[TimPaul]

Ok, emails, in America, can constitute as an agreement and are binding.

Do NOT run to social media and make a big deal about it. That will hurt you if you need to take legal action.

Do contact the author, and tell them they are in violation of the agreement, say that, not contract. Find out why they removed your name.

Try to find a solution that works for both sides. This means, you need to decide what you want. This could be him having to destroy all printed copies, and reprinting with proper credit, or some sort of financial compensation.

Be prepared to get nothing for this. To enforce anything, you'd have to get a lawyer and take them to court. Do you guys live in the same state?

No matter what happens, do NOT go out and try and ruin the authors rep. That will just reflect badly on you.

Let him ruin his own rep, which he will if he's going to be doing this.