P
pamelaalford
Guest
What is the name of your state? Missouri
I am a graphic designer under contract to provide designs for advertisements, product packaging, etc. - in addition to other marketing services – to a client. This client and I have a five year contract due to expire on May 12, 2004. The contract compensates me with 15% commissions on all sales resulting from the use of the graphic designs as the only form of payment for my services. All graphic designs are either currently in use, or have been used. During the first two years of the contract, commissions were practically non-existent. Sales, and commissions, have increased dramatically in this fourth year of our contract.
The client has been provided with the "flattened" print files on CD-ROM for all design work. The client has now demanded that I turn over all "unflattened" files. This is not standard operating practice among graphic designers, as many of the elements used in designs are licensed to the graphic designer and releasing "unflattened" files would allow the recipient to use those elements in unauthorized manners. It is also time consuming, and would require massive amounts of storage media for the thousands of files demanded.
The client has issued written notice through his attorney that if I do not turn over the "unflattened" files immediately, he will terminate my five year contract and end monthly payments of sales commissions. There are no provisions whatsoever in our contract regarding possession of these files. The termination clause in our contract may only be considered at the end of each one year period, and a performance evaluation must be conducted prior to termination. Threatening to terminate at this time also constitutes breach of contract.
This is a threat to my livelihood. I have put in years with no compensation, only now receiving adequate compensation for previous and on-going services. Is it considered extortion? Can the client be prosecuted for such? Does Missouri require that the property change hands before extortion is constituted? Or is the threat enough?
I am a graphic designer under contract to provide designs for advertisements, product packaging, etc. - in addition to other marketing services – to a client. This client and I have a five year contract due to expire on May 12, 2004. The contract compensates me with 15% commissions on all sales resulting from the use of the graphic designs as the only form of payment for my services. All graphic designs are either currently in use, or have been used. During the first two years of the contract, commissions were practically non-existent. Sales, and commissions, have increased dramatically in this fourth year of our contract.
The client has been provided with the "flattened" print files on CD-ROM for all design work. The client has now demanded that I turn over all "unflattened" files. This is not standard operating practice among graphic designers, as many of the elements used in designs are licensed to the graphic designer and releasing "unflattened" files would allow the recipient to use those elements in unauthorized manners. It is also time consuming, and would require massive amounts of storage media for the thousands of files demanded.
The client has issued written notice through his attorney that if I do not turn over the "unflattened" files immediately, he will terminate my five year contract and end monthly payments of sales commissions. There are no provisions whatsoever in our contract regarding possession of these files. The termination clause in our contract may only be considered at the end of each one year period, and a performance evaluation must be conducted prior to termination. Threatening to terminate at this time also constitutes breach of contract.
This is a threat to my livelihood. I have put in years with no compensation, only now receiving adequate compensation for previous and on-going services. Is it considered extortion? Can the client be prosecuted for such? Does Missouri require that the property change hands before extortion is constituted? Or is the threat enough?