On 4/5/00 12:59:01 PM, Paul Mirocha wrote:
>You may have read in "What's
>up" posts about my former rep,
>Carol Chislovsky, who filed
>for bankruptcy last summer,
>swallowing up tens of
>thousands of dollars of money
>she was floating that belonged
>to her artist's. At the time
>I was upset enough, but my
>legal advice was to write it
I am not sure that I agree with the legal advice you obtained. Let me explain why. On a couple of occasions, I have had design firms go bankrupt on us. When I investigated , I found that their clients had paid them for my talents' illustrations. The design firms just never paid us. In both instances I went after the clients directly. Although they were not happy about it, both clients eventually made full payment to me even though they had paid their design firm previously for the same work. They did this because I pointed out to them that (as stated on our invoice) under the copyright law, they would be guilty of infringement for using our illustrations in the absence of our artist actually receiving payment.
It seems to me that you should be able to use the same argument with your clients. Maybe Daniel Abraham will care to comment on this.
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