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    legal advice for small enterprises

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  1. Will read into it (the case we are talking about today is different to the one you commented on yesterday regarding a supplier in UK :)) this one is a different supplier and in Netherlands.
  2. Its been great talking to you TwaBla! The whole point of sharing this story was to check if there could potentially even be a "go to court" situation as there was no contract originally (so nothing to breach and nothing to go to court with) and terms appeared after delivering the work .. Have a good evening!
  3. The supplier writes in their new licence terms " If the customer breaches the obligation to identify the copyright holder, the customer owes XXX a contractual penalty of eur 1000,- per case. The contractual penalty is also owed if the customer fails to impose the obligation in the event of publication by a third party. "
  4. I am trying to find some information on "implicit licence" but I don't seem to find anything. Does it mean when content is created for selling a product (in a form of an advertising or product imagery on a webshop), it is normally understood (preferably stated in a contract of course) that the supplier/author (in my case render designer) will not be credited? That is common sense to me in regards of advertising and product images for a webshop but I am just checking what the general licence terms for such content would be.
  5. Crediting the author in brand's communication is not at all of issue. The unrealistic claim from the supplier is that I would be fined even if a third party uses the content without crediting them and that the content (3D visuals, videos with and without copy, articles) cannot be modified or changed for whatever reason/needs that were not initially briefed. This in my perception is an unrealistic claim when adapting content (visual or copy) is the daily business of any brand who puts anything out there on different platforms etc.
  6. Golden advice !!! :) that was my first approach too but then the other side decided to come with a new invoice and these unrealistic licence terms that were never discussed before (with the idea to compensate their effort and disappointment the project does not go on I guess). And because of this unexpected attack I am here, trying to figure out what protects me as client towards this supplier.
  7. Well that's were it's tricky - I am willing to buy the products already produced but cannot agree to the licence terms (that appear after all work is done). Both of you also suggest in that case I should not accept the product , thus not use it, but am I responsible for paying for the work that's done but cannot be put in use?
  8. Does this mean there is no legal persecution they could start if I exit the agreement without settling (and thus without payment) after their 4 moths of work of which we have email correspondence showing briefs, quotes and approval confirming starting the execution ?
  9. I see. And I understand and don't disregard their author right (I don't mind crediting them) but I cannot be financially responsible if a third party decides to modify content for publication. Or if I as a brand need to modify something for specific use. This regards copy too (it is normal that wording is manipulated according to where it needs to be used). The no-modification clause with fines seems like an outrageous request that no one would sign for.
  10. I ask that in the sense where their team have worked for about 4 months on different executions and 1/3 of them are already delivered and payed and the other 1/3 are delivered and left to be settled and the last 1/3 is yet to be executed but because we want to stop - I consider that work I don't need to pay for and they consider it work/time/vision to be bought out.
  11. That would be the last solution. At this point I think I would like buy-out the rest of the work already started (it's not about one photo, it's a lot of material and brand executions) and settle for terms that are reasonable in respect to the fact that I am paying for the work I am ordering! Their terms appearing after delivering the work cannot be legal, can it? And when you say "kick the supplier" - is that legal?
  12. I, as a brand, have hired a creative for a list of deliveries on invoice base (so without a contract). The invoices for the work delivered don't specify anything about the terms or use. And referring to verbal agreement the assets delivered to me as client were up to now, my ownership. With some exceptional content we had agreed on crediting the hired party. The collaboration had a long-term vision and therefor the rates for deliveries mutually agreed upon were "friendly" (below regular). Unfortunately we have come to terminate the collaboration mid way as the process is too conf
  13. Thank you all for your quick reactions - I'm new on this site and didn't expect this much support. So your answers clarify that if the service provider is in UK, the small claims court I need to contact is in UK, not in NL. Good I would assume that I have already done all the steps to attempt to solve the problem out-of-court first. - I've sent 2 notices (email), letting the agent know she is not keeping to his contractual obligations, mentioning the work has to be delivered or invoice refunded or else I will seek legal advice - to which she did follow up by confirm
  14. Hello, I have a brand based in NL and often hire third party service providers in PR, Marketing and other matters I can outsource (being a one-woman company). A PR agent in UK offered their services and as per our contract asked for a pre-payment but never (it has been 6months) delivered the work that was meant to be delivered in one month time. Through out the 6 months the person hired behaved as if working on the job but without results (blaming that on the current health crisis). This sounds like a bluff or lack of skill which contradicts the promised results (also enlisted in


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