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Posted by David McCall on 02/13/07 21:04
<rynato@gmail.com> wrote in message
news:1171395499.611661.209210@m58g2000cwm.googlegroups.com...
> for what it's worth:
>
> 1) This woman is a horrible client. I would never work with her again
> no matter what. Believe me I gritted my teeth and kept my mouth shut
> quite often, when dealing with her insane demands. She has this habit
> of coming to an agreement for A and then she demands B, C, and D too,
> for free... then she gets bitchy that we are behind schedule.
>
> 2) She doesn't have any influence whereby she could hurt future
> business by talking about me. On the other hand, there are ways I
> could shoot her down and if she gets nasty(er) with me, I will.
>
> 3) I have no respect for her business sense or acumen. She's an idiot
> and has no clue what she is doing, business-wise. Just a bored rich
> housewife, basically.
>
> I simply want to know how I would go about citing in a small claims
> court, the difference between 'working materials' and the product for
> which I was paid. Is it a legal principle? Is it common law? Is it in
> the UCC? Or is it simply a way you can choose to read a contract?
>
> I realize this happens often... sometimes it's a freelancer and the ad
> agency client, and the client starts demanding the freelancer's
> photoshop and fcp project files. The freelancer has to decide whether
> to keep the client happy or politely but firmly refuse. But on what
> principle is this right to keep working materials, based upon?
>
>
> I suppose I could simply treat is a matter of parsing the contract
> strictly, and say to the judge (should it come to that, and it looks
> more and more like it will), "look I agreed to produce X for her.
> There is nothing in this contract that states she has a right to, or
> paid me for, the working materials we used to create this production."
>
> Again, useful/constructive advice appreciated. I'm still not clear
> about this.
>
I wonder how the law would see that partial payment if you accept it?
It's a tricky bit because you contracted to deliver a finished product,
now she wants all of the parts from you without the finishing. It would
seem that you would have room to re-negotiate the deal.
Try to think of another situation where that would be acceptable.
Sign a contract to buy a car and then see if they will just give you
all of the parts and the molds they were made from for a smaller
number? Not likely. Can anybody think of a situation where you
can buy a finished product and then change your mind part way
through the production of that product. It seems a bit screwy to me.
David
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