GARY HARDIN spoke thusly to: NANCI RICHARDS
GH> NR> Ok, here is my question...I have a small-home based business
GH> NR> and I do graphic designing.  A radio station in my area
GH> NR> contacted me about designing a bumper sticker...for a summer
GH> NR> promtional kick-off, I asked if this was going to be used for
GH> NR> other than the bumper sticker and they said no....they paid me
GH> NR> my design fee, and I might add my Logo fees are much
GH> NR> higher...Next thing I knew my design was plastered on the side
GH> NR> of their Van with another company given the credit for the
GH> NR> design....I talked with the owner of the Radio Station and he
GH> NR> flat out told me that there never was going to be any bumper 
GH> NR> stickers and I was just out of luck because they paid me 
GH> NR> for my design...in my eyes they are leasing my 
GH> NR> design...they do not own it...so I now have a lawyer who 
GH> NR> had drawn up a design- art contract for my future 
GH> NR> clients...My lawyer said it would be a waste of my money to 
GH> NR> take legal 
GH>YOU can sue in small claims court, and if you make it known loudly
GH>enough publicly that you ARE sueing them for breech of contract and
GH>copyright infringement, the BAD publicity might get you a fair
GH>settlement.  Remember, they absolutley DEPEND on a good public
GH>image, and you will get some added exposure as well!
   What everyone has to remember that a suit in small claims court may 
not stay there very long.  While state courts, including small claims 
courts, are allowed (in some instances) to hear suits involving 
federal law, many times when a company is sued they will "bump" the 
suit to a higher court.
   They do so for several reasons.  Mostly because the rules are 
stricter in the higher courts and [in many jurisdictions] a corp. has 
to have a lawyer represent them anyway.  The plaintiff then 
(generally) will have to obtain the services of a lawyer as most are 
not comfortable going pro se.  They try to make it very expensive for 
you to get your day in court.
   Dick
   TheMerc@Juno.com
Worst thing about shooting skeet:  Cleaning and Cooking
þ CMPQwk 1.42 84 þ
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