I provided graphic design work for a client but was not paid?

We had a verbal agreement, although for no specific amount was designated as a rate of pay.. After having created several designs over the course of a month I was not paid and the client continues to sell one design on a finished T-shirt, and is in the process of manufacturing two other designs (a moisture wicking T-shirt, and a technical sweatshirt). How should I go about stopping him from producing these items as he does not have express written consent as to owning the copyrights for these items?

Asked on August 28, 2014 under Business Law, Oregon


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

If you had an oral agreement that you would provide the graphic designs and you did so pursuant to that agreement, then you held up your end and he did not hold up his end, so what you have sounds like more of a breach of contract, or unjust enrichment, claim than a copyright infringement claim.  You are entitled to the reasonable value of your work.  Send him an invoice for that, and when he does not pay, sue him for breach of contract, or in the alternative, unjust enrichment.

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