Destruction of artwork

[physicsgraduate]

I'm talking about a cryptic crossword, that was published, and someone somewhere decided to print the solutions grid with the answers in it. D'oh or something...

 

What sort of footing might I be on, legally, for the destruction of what I consider my artwork. There was a timely nature to all of this as well.

 

We have since fallen out and I've been dropped, but maybe if I can find some legal something I can use that to get the .... to pay me for the work I have already done in advance, which they are now refusing to pay me because I complained.

[physicsgraduate]

Please get me some law on this. I will support you if and when I'm the new JK. I will. I appreaciate you. I'm on a low down right now because I thought I was doing to extra free work for some nice people. I'm appealing to them now and hoping they see the right and all else. But if they don't...

[unclebulgaria67]

On what legal basis did you provide this 'artwork' ?

 

More likely a breach of contract, than any other infringement.

 

Can you copy/paste the contract terms onto this thread and those with knowledge might be able to comment.

[king12345]

As Your crossword was published, it is inevitable that the solution will be on the internet within an hour.

It happens to all crosswords printed in every paper.

[physicsgraduate]

The solution was on the next page anyway. This is not the issue.

 

How legally binding are verbal agreements contained within emails?

 

They commissioned me for work on a three month rolling deal, and I have submitted the work in advance today. I thought they were decent people. Next time I'm going to make sure I have a legally binding contract and payment in advance.

[steampowered]

It sounds like the problem here is really about you getting paid for your work, rather than the fact that someone published the crossword? Is that right?

 

Yes, agreements reached verbally or via email are legally binding if they meet the requirements for a legally binding contract (basically that a offer was made which was accepted, and there was an intent to create legal relations). You'll need to provide more details as to what happened and what was discussed if you want a clearer answer.

[physicsgraduate]

Yes, indeed. I'm just looking for a way to hold them to account.

 

Is this legally binding?

 

"lets make it 3 months rolling"

 

"[redacted] said you were doing all the artwork for the puzzle so yeah 100 per issue"

[steampowered]

Is this legally binding?

 

"lets make it 3 months rolling"

 

"[redacted] said you were doing all the artwork for the puzzle so yeah 100 per issue"

Imagine that you are someone who knows nothing about your situation coming into this thread, and read it from the top. Personally I can't make sense of this just looking at a small extract, and need a bit more context to understand what this is all about.

 

Are you saying that a magazine agreed to pay you £100 per issue to write a crossword for them, and then they went ahead and published the crossword in the magazine without paying you? If so, how does the solution come into it?

[physicsgraduate]

They have paid me for work already published.

 

They are refusing to pay me for the next three months, which I have already worked on and produced for them, as per our agreement.

[renegadeimp]

What is their reason for refusal?

[physicsgraduate]

They said I was not delivering, which is total rubbish.

 

I was doing some extra work for them for free, which was all arranged after the agreement so regardless of whether it is true that I wasn't delivering on that it was not part of the agreement anyway. The guy I was working for was being a letter 'd' and not co-operating with me, and sending back templates that I couldn't work on. Long story.

 

He then pulled me out of that side of things. I was and have delivered on my work, well in advance of deadlines.

 

They are not going to publish any more of my work, but a deal is a deal. They don't want to publish my work fine, but I still want paid, because I did the work that they sent me away to do.

[renegadeimp]

Hpw much is it worth? Because i have a feeling you may have to go through SCC if you have full evidence of it all.

[physicsgraduate]

They owe me £300. NUJ rates, they are worth £900. I'm prepared to take it to the SCC. Should I send them a formal letter first?

[steampowered]

Yes, the next stage would be to write a formal 'letter before claim' clearly explaining what you are asking for, giving them 14 days to pay and stating you will issue a SCC claim if the amount is not paid.

 

You can only claim at the rates agreed for work they asked you to do.

[king12345]

If they don't published them I have a feeling that there will be something in their hidden t&c which gives them the right to withhold payment.

Do they have standard t&c for crosswords writers?

[physicsgraduate]

They can withhold payment, but they have said that they are not going to pay me. They invited me to talk to lawyers, before any of this even got ugly.

 

This?

 

Further to your decision to cancel our agreement, I am hereby writing to you giving you until the end of this month (June) to pay me for the work you commissioned me to do. I understand the work I have already submitted to you is well in advance of the deadlines, however you have already expressed your intention not to pay me. If I donot recieve payment of £100 for the work I submitted to you for the July edition by the end of this month and then again for the subsequent two months thereafter, then I will issue a claim for the full £300 (+ expenses) that you owe me for the work I have completed and submitted as part of our three months rolling agreement through the small claims court.

 

The terms you set out and that we agreed upon via email, specifically "lets make it 3 months rolling" and "[Redacted] said you were doing all the artwork for the puzzle so yeah 100 per issue" are legally binding, and I intend to pursue recompense for the work you asked me to do.

 

I remind you that these terms were in reference to the crossword page alone, and the further illustration work I agreed to do for you, for free was agreed upon after this. [Redacted]'s decision to remove my duties from the [Redacted] page was his decision. His refusal to co-operate with me on the details of this was the reason things fell apart there. I was happy to provide this work for you for free. I have, nonetheless fulfilled my side of the agreement by supplying you with two crosswords per month for the following three months, laid out in illustrator.

 

Please issue me with the money that you owe me for the work I have now completed and submitted, or indicate your intentions. Failure to do so, or failure to pay me at least £100 of the £300 you owe me by the end of June 2016 will be taken as a default and I will then pursue the matter through the small claims court.

[steampowered]

That sounds basically fine.

 

The standard minimum period of notice you are supposed to give under the court rules before issuing a claim is 14 days, so you can shorten the timescales a bit rather than referring to the end of June 2016 if you want.

 

I am a bit confused about the reference to £100. If you think you are owed £300, why are you only asking for payment of £100? Are you saying that they can pay £100 and the matter will be closed, or that they must pay £100 now with £200 to follow? Your position on this should be made clear.

[physicsgraduate]

I am saying, if they don't pay me for the July crosswords by the end of this month then I'll take that as a default, and their intention not to pay me for the subsequent months, and so I will be making a claim for the full amount. They don't have to pay me until the end of June, July and then August.

 

I just noticed I don't have an address for them, it's not on their website and I'm guessing they are not about tell me now. Is this letter ok via email? Also, how can I make a SCC claim against them if I don't have their address?

 

EDIT I have the address of their media company thing, so I'll send it to them. That's who has been paying me anyway.

[steampowered]

Your 'letter before claim' can be sent by email, but if you need to make a SCC claim you will need to have an address.

 

Have you been dealing with a company? If so, you can find the company's registered address on the Companies House website, which you can use for issuing a claim.

[physicsgraduate]

I have the address of their media company thing, so I'll send it to them. That's who has been paying me anyway.

[steampowered]

You need to claim against whoever agreed to pay you money in exchange for work.

 

If you are not sure of the correct company, it would be legitimate to ask the person you are dealing with who the correct defendant is (saying something like if you believe another company is liable to pay for my work, please provide the relevant details now or the claim will be issued against you).

[physicsgraduate]

I'll wait until I have to make the claim. The company address I have is the company that has been paying me already. The person who commissioned my work is one of the directors, so it says on the internet anyway. If I email them to verify this I doubt they will reply.

[steampowered]

Fair enough. As it is that company commissioning the work, I would think they are the correct company to claim against.

[physicsgraduate]

So what do I need for this, print off the emails, bank statements? Will the defendant have to reimburse me for the cost of making a claim?

[steampowered]

After issuing a claim, the defendant will be able to issue a defence. It is not necessary to provide the supporting documents at this stage.

 

You will then get a hearing date and will usually be ordered to provide copies of the documents you intend to rely on ahead of that hearing. At that time you would provide documents needed to support your case that they agreed to pay you for work, which would mean emails. I don't see why bank statements would be relevant.

 

If you are successful, the defendant will normally have to reimburse you for the court fee.