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Client taking advantage of me? advice needed

Discussion in 'Copywriting Forum' started by ewa, Feb 4, 2014.

  1. ewa

    ewa New Member

    Hi all,
    I just joined this forum seeking for advice regarding license agreements. I have only 2 agreements signed till now so I'm a bit confused. Sorry if it is a bit long and hard to understand, english is not my first language.

    Recently I worked on a pattern design for one company. I agreed for the flat fee of $250 for the unlimited exclusive license and $15 hourly rate. I sent the finished design to the woman I talked with along with the exclusive license but I misunderstood the world unlimited (thought that means exclusive, worldwide and perpetual) She wanted it fully unlimited without any restrictions. Also she said she wanted to share the copyright with me, I agreed to that and asked her to modify the license. What she sent back to me was not a license agreement but the transfer of rights agreement (with the same fee).
    Not cool but I agreed to it as the final design wasn't very far from the draft she provided me. The only right I have left is to show the final product in my portfolio.

    Before the weekend we agreed that this is final and that on the 3rd of February we will print, sign and scan our documents (she is in USA and I'm in UK) but after I sent her my scan she decided that she wanted to include some other things in the agreement. She'd wanted 2 sizes of the pattern for different sizes of garments so after the description of the design I also noted that it 'may include various sizes', now she wants to add 'and scales' to it. Honestly, does it change anything? Since she got rights transfered now she can do whatever she wants with this pattern now.

    Also while we exchanged e-mails half year ago I agreed for the hourly rate of $15. Do I have to stick to this rate until those garments are succesfully printed? My hourly rate is higher now but I told her that since we started with it we can continue with such rate for three more months, and since she told me before that she wanted to start selling in April I thought that's plenty of time for adjustments. Her answer was that 'My understand is till we confirm the final design and if necessary made some adjustment to make sure the factory can print them out without problem, the change rate is $15/hour'. Who is right here? Does it mean that if she wants to alter the design next year I will have to do this for $15/h?

    And is the contract I sent her signed and scanned yesterday valid if she didn't do the same on her part?
    I feel like I'm being taken advatage of.

    Any advice? I would really appreciate it.
     

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