Help! I think I’ve hired a plagiarist, and don’t know how to escape the contract?
Question by Eden: Help! I think I’ve hired a plagiarist, and don’t know how to escape the contract?
I recently hired an artist to do a picture for me, and we wrote a contract… Unfortunately, I said I would only open a dispute with Paypal if he did not complete and deliver the art within 30 days of the first payment.
He is essentially offering a photomanipulation/paint-over rather than an actual piece of original artwork. The work in progress picture that he sent me still has the details of the original photo – the model name, photographer name, and even the COPYRIGHT. I’m worried that the rest of the “work in progress” is pieced together from other photographs or artworks, too, and the thought of paying someone to do what I hate the MOST in the art community just makes me sick. I want to get out of the contract and get my money back, as soon as possible, so I can deal with a LEGITIMATE artist instead.
The contract says:
“The Artist is to provide a digital painting of the Clients’ characters. The Clients are to pay the full cost of the commission, (xx) US Dollars, after the contract is signed and before the artwork is started.
The Artist must complete and deliver the art within 30 days of the first payment. If the artwork is not delivered within 30 days, a dispute will be opened with Paypal.
The Artist retains all rights to the artwork. The Clients retain only the right to personal use.
Both parties agree to be bound by the laws of the United States for the sake of this contract.”
Left out some stuff that doesn’t really matter, such as the characters, and the poses and artist/client contact information, but otherwise, it’s word for word. What can we do? I’ve lost all confidence in his ability to do actual art, and I do NOT want to work with him anymore.
Best answer:
Answer by Hero of Bosnia
“The Artist retains all rights to the artwork”
The artist doesnt have rights to the work hes doing? therefor shouldnt be paid for that service.
“Both parties agree to be bound by the laws of the United States for the sake of this contract.”
clearly copyright infringement and a violation on their part which would void the contract
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