Just to keep this short and simple, you are not my lawyer, yadda yadda.
In May i recorded a television infomercial for a company.
By June the product was finalized and approved.
In August, the seller backs out and places a charge-back on their credit card claiming they never got the product.
September, client is using graphics and artwork made for the infomercial for another product of his.
Since i made the artwork and no money was exchanged, do i have grounds for copyright infringement?
Moderator Action
Since this seems to involve legal issues, let’s move it to our legal opinion forum.
Moving thread from General Questions to In My Humble Opinion.
Now its been on TV, you have evidence he has the material.
So charge the credit card again. Then tell them that if they charge it back, then its outright fraud… Making a false statement ,or obtaining benefits by deception, and so on.
Try to negotiate with them that they must pay, and that you will make a problem with their bank unless they pay…
You have a valid claim for all the services you provided, not just copyright infringement. You do have to be able to prove that you did the work and they approved it. Since they used a credit card you can complain to the credit card company, but it wasn’t your credit card so they may not help much.
Was this a work for hire arrangement or a “if we like it we’ll buy the rights” deal?
Do you have a contract?
How did you respond to the credit card charge back in August?
This material has never been on television as it was intended, instead they took it and used it on youtube and a DVD.
Yes there is a contract and i have proof they approved it (i made them email the ok to me)
I disputed the charge-back in August, and the CC company decided in their favor even though i presented 6 or 7 pieces of evidence.
You have a contract. You can prove you held your end of the bargain. You can prove that they did not.
How is this even a question?
Depending on the amount involved, you could take them to small claims court.