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so years ago i designed a logo for my childhood friend who's

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Thread replies: 37
Thread images: 3

so years ago i designed a logo for my childhood friend who's a DJ for him to use.
he's used it for videos, and basically every profile pic he has
anyway we agreed we'd figure out the logistics someday and a month or 2 ago he paid me a small sum of money for making it for him. we agreed on the amount and he pay palled me.

anyway, now ive seen he's opened up a merch store with my logo on every piece he's selling.

i havent talked to him since we dont keep in contact much anymore, but i wanted to renegotiate for a percentage of his sales of the product with my logo on it ,instead of the small amount of money i accepted.

i never thought he'd open up a merch store, obviously i made a mistake and am trying to fix it now.

any ideas or thoughts form anyone would be highly appreciated.
>>
anyone?
>>
Let him have his fun, he's a small time DJ and I don't think he even made a proper profit of his merch. Just satisfying his small circle of fans.

Besides he basically promoting your art without any effort on your part.The smart thing to do it not asking for a percentage but ask him to write down your name; instant free advertising. It'll profit you in the long run by getting more design jobs.
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he has around 12,000 subs on youtube and probably more on other sites/ the artwork is mine and people could just buy the shirts because it looks cool

i just want a fair deal for both of us
what do you mean by "write down my name"?
like post on the merch store that the artwork is by me?
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If you did that to me, started asking for percentage after I already payed you for the design, I wouldn't be your friend anymore. Just saying, if you value this person or ever did don't bother trying to nickel and dime them.
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but its my design that i drew, i want him to have and use it, but if its not fair id rather refund him the money and have him NOT use my design for profit
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>>18424486
>like post on the merch store that the artwork is by me?

Yes that would be plenty enough. Better yet, make sure you got your personal design webpage up and running before you ask him about the logo. The more you professionally designed the webpage, the better designing gigs you will get.
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>>18424433
>>18424433
listen you greedy prick. that's now how it works at all.

if you hire a professional designer to make you some graphics, you pay a one time fee. Not a lifelong commission on anything he sells with your logo on. LOL

he could have gotten a better or similar logo for 5 bucks one time payment at fiverr.
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>>18424504

What did you originally agree to? If you sold him the use of the design, you have no come back and he can use it as much as he wants.

This is a reason to make sure you get any agreements in writing and be clear about your stipulations. For the money you'd make, it's probably not worth asking.

You could always just ask him to credit you for your design - it could get you more work in the future.
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>>18424433
Several legal issues here. If there is no legal contract or signed release from you, the small payment he gave you doesn't exist legally, and he can be said to have no right to your art.

On the other hand, there is a common law usage issue. If you allowed him to use your art without complaining before now, his lawyer could argue implied permission that it is too late to revoke.

A third argument involves the extension of the logo. Even if it is claimed that you gave him the right to use the art as a personal image, extending it into merchandising and other areas was not a part of the original deal.

How serious do you want to take this? Maybe just a sit-down between friends can find a compromise (which you will then put in writing). Otherwise lawyers will have to get involved - at first just to work out a contract you can both live with, or maybe eventually to sue.
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>>18424496
I agree. Contacting a friend years later just to nickel and dime is pretty shitty. It's a fast way of losing a friend.
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>>18424512
we never agreed to him selling merch with my design
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>>18424521

Yes but what did you agree on? Specifically? And how was the agreement made?
>>
>>18424504
>its my design that i drew, i want him to have and use it
Good, because
>he paid me a small sum of money for making it for him.
>we agreed on the amount and he pay palled me

Both legally and morally this is a clearly concluded transaction.
You didn't do your half of the deal wisely.
That's on you.

Use this as an opportunity for promoting your own brand, and a lesson about intellectual property rights and business.
>>
>>18424433
It's his design now. You sold it to him.
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>>18424513
thank you, i seriously appreciate it
thats why i haven't contacted him about it yet
i totally agreed to him using my logo
but never agreed to merchandising
and he did pay me for making the logo, but it was on paypal and nothing in writing
>>
>>18424433
If you don't have a contract, you don't have a case. You could take it to court, but it's doubtful if you'll b able to get anything out of it.
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>>18424521
You whiney bitch. You sold him the logo which means he can do whatever the fuck he wants with it. Since your previous agreement was already filled, you have NO right to go back asking for more. Stop being a bitch, you're a terrible friend.
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>>18424526
i understand i made the mistake in not thinking it through
im trying to correct it
also i have no brand
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>>18424433
U salty bitch,u already agree on something and now because he's making money, u want to go back to ur prior agreement. Tell me this op, are u a Jew? U sound like a Jew, god I hope u get gased
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>>18424536

Idk about that, intellectual property is a funny thing.

I understand your concerns though OP, express your feelings to the Dj and see if you can work something out, if not a percentage maybe if he can give you credit for your design somehow.

Also let this be a lesson for you on the importance of having a contract for your work.
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>>18424543
Lol yeah, you have no brand so your trying to piggyback off your friends success instead of trying to sell more designs. The best you can do is ask for credit on the logo but doesn't even have to do that. If I were him and you were asking for money first, I wouldn't even give you the credit. If you ask for just credit, he might do it. He owes you nothing
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>>18424524
we agreed for him to use it as a logo (profile pics, artwork for songs)
we never spoke about merchandising
and the agreement was made verbally
>>
the artwork he is using for profit is made by me
isn't this illegal?
>>
>>18424433
Just ask him to give you credit in the description of the merch, you gave him free use of the logo and agreed on the price without any stipulations about what he could do with it, so you're kinda fucked.
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>>18424562

No. He paid you to decide a logo for him and he paid you for this service. He can now use it as he wishes without reimbursing you. You provided the service, he paid you. The transaction is over.
>>
also im not a jew, if that means anything
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>>18424574
can i get it back then?
>>
his alternative is always to get someone else to paint him something for 50 bucks, so you really should not be rude or ask him for much, because that way, you lose out on everything he does in the future.

Tell him, that you are not happy about him selling your art as merchandising, but you also don't want to rip him off, if maybe he could put your name/homepage on his store as creator and if his brand gets big enough to pay his rend, only then you two should talk about a better payment, until then he can use it for free.
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>>18424597
yea id be open to this, only i dont trust him to pay me anything IF he acquires success
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>>18424623
BECAUSE HE DOESN'T OWE YOU A FUCKING THING YOU DENSE MOTHER FUCKER
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>>18424433
Don't know if it's ok to do that, probably not in my opinion.

Maybe you should consider the fact that if you made such a good looking logo you can make it again and not commit the same mistake with your new clients.
>>
>>18424433

You already got paid for the logo

It's his now

If you wanted percentages you should have done that from get-go

Instead of being a money-grubbing moron, you should ask your friend to advertise that the logo was designed by you, this way you will get some recognition and can use it in a presentation if you want to sell logos to other people/companies
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>>18424834
or maybe ask him if he needs any other work done and this time get the payment right
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>>18424433
If you wanted a percentage of all future sales with the logo that's what you should have asked for. But you didn't. You asked for a flat amount and he agreed. You both did your part and then the deal was done.

You honestly think the economy could keep functioning if it was ok for every person to demand deal terms be retroactively changed every single time markets shifts, or prices change, or someone speculates wrong? Selfish little dumbass.
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>>18424504
Your greed and jealousy are showing. You'd rather be mutually destructive just so you don't have to see your "friend" be more successful than you think he deserves rather than being happy that be is getting more successful and sharing part of his success with you, no matter how small.

What a shitty friend you are. I wouldn't want to give you any advice, but since we're on /adv/, here is my advice: Look at yourself in the mirror and consider your mindsets. Are your thoughts rational, or are did they stem from the feelings you don't want to admit? You'll start to find your answers from there. Remember to be honest.
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>>18424533
There's an issue here that the other anon didn't mention. If you agreed to his small payment, and it's in writing, such as a text, receipt or transaction history from PayPal showing it then I can almost 100% guarantee that you no longer have any rights to that logo and if you took him to court he would win every time. You could make a few decent arguments, but you wouldn't be the first guy who made the same points and lost. The bottom line is from a legal perspective you created something and gave it to him with the understanding he would reimburse you. From a legal standpoint he has done so, if you go after this further you will just waste time and possibly money.
Thread posts: 37
Thread images: 3


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