graphics and CD Illustration

[chimeco]

Delaware

I did a photoshoot with an up-and-coming band awhile back and some graphic design as well: CD cover, tray cards and panel layouts. The bands Indie Label is handling all the finances.

Nothing was ever signed.

All the dialog and agreements have been done through emails. The problem of course is that after all this work, I haven't been paid. Now that the work has been turned in, the label has stopped communicating with me. It's been about 3 months since I last heard from the label, via email or phone conversation. The bands album is due out the 16th of Sept.

Part of the deal was that I would grant them limited rights for electronic reproduction and distribution throughout the internet only. They had to go through a license page on my website and checkmark that they agreed before being given rights to view/copy these images so that they could promote themselves via the internet. My intent was to make my earnings off the print material or rights to print material.

I'm also finding copies on the web photoshopped by fans and groupies of the band which bothers me to no end- i've warned the band members about this several times and with little success. Secondly, the band/label/distributor has started printing my graphic work to promote the release of the CD as banners, flyers, promotional material etc, and modifying where they feel they need to...

My problem is three parts:
1. I'm not getting paid.
2. Fans and groupies are going crazy on the internet manipulating my images that the band released, some even going so far as putting their "copyright" on the material after they've manipulated it.
3. The album material i created for them is being printed, manipulated, distributed to promote the album, and, here's what bothers me most; I suspect being sold as print material (t-shirts, band paraphanelia etc..) without any sort of advance notice or negotiation.

I charged them a 1-time fee for the graphic material, naively assuming we could renegotiate for promotional print-work. I'm sure they're assuming that one-time fee released them from everything (a fee they have yet to pay). The lead singer has promised that if the label doesn't pay me, that he will after the release but my trust is now hard earned.

So here I am in desperate need of some advice. I'm a photographer and artist, and not much of a business person yet. This is my first big deal and they appear to be taking advantage of it. How do I proceed?

[spmlawyer]

As creator of the work and in the absence of a work for hire agreement, you own the copyright. You should consult with a copyright attorney as soon as possible to assert your claim.

[divgradcurl]

Originally Posted by chimeco

Delaware

I did a photoshoot with an up-and-coming band awhile back and some graphic design as well: CD cover, tray cards and panel layouts. The bands Indie Label is handling all the finances.

Nothing was ever signed.

All the dialog and agreements have been done through emails. The problem of course is that after all this work, I haven't been paid. Now that the work has been turned in, the label has stopped communicating with me. It's been about 3 months since I last heard from the label, via email or phone conversation. The bands album is due out the 16th of Sept.

Part of the deal was that I would grant them limited rights for electronic reproduction and distribution throughout the internet only. They had to go through a license page on my website and checkmark that they agreed before being given rights to view/copy these images so that they could promote themselves via the internet. My intent was to make my earnings off the print material or rights to print material.

I'm also finding copies on the web photoshopped by fans and groupies of the band which bothers me to no end- i've warned the band members about this several times and with little success. Secondly, the band/label/distributor has started printing my graphic work to promote the release of the CD as banners, flyers, promotional material etc, and modifying where they feel they need to...

My problem is three parts:
1. I'm not getting paid.
2. Fans and groupies are going crazy on the internet manipulating my images that the band released, some even going so far as putting their "copyright" on the material after they've manipulated it.
3. The album material i created for them is being printed, manipulated, distributed to promote the album, and, here's what bothers me most; I suspect being sold as print material (t-shirts, band paraphanelia etc..) without any sort of advance notice or negotiation.

I charged them a 1-time fee for the graphic material, naively assuming we could renegotiate for promotional print-work. I'm sure they're assuming that one-time fee released them from everything (a fee they have yet to pay). The lead singer has promised that if the label doesn't pay me, that he will after the release but my trust is now hard earned.

So here I am in desperate need of some advice. I'm a photographer and artist, and not much of a business person yet. This is my first big deal and they appear to be taking advantage of it. How do I proceed?

spmlawyer is correct as far as the infringers are concerned, although if you haven't registered your copyright, it may get expensive to enforce your copyright. As to the work you did for the band itself that you didn't get paid for, sue them in small claims court.