posted
I have a client with a very large and intensive lettering library within my company for his trucks.
One of his salesmen recently left to work for another company. This salesman contacted me and requested a quote for lettering for a truck I've done for customer #1.
My first intent is to go to customer #1 and run this by him. He may say go ahead and sell them the lettering, or may demand that 'his' files, although I own them, belong to him because I was hired under his company.
I do agree. But this is where this gets weird. If customer #2 wants me to letter a truck previously done by #1, how would I do it legally without that conflict of interest thing? Set up the file all over again, just to be legal?
I am in the business outputting lettering. I'd like to figure out how to accomodate both customers in some fair way. #2 really ought to purchase through #1, but I doubt #1 will sell to #2 willingly.
(all lettering for #1 was done through his company, not direct between the end customer and myself)
posted
yOur not the lettering police. Make a design for the new guy and git paid and be down with it.
-------------------- Leaper of Tall buildings.. If you find my posts divisive or otherwise snarky please ignore them. If you do not know how then PM me about it and I will demonstrate. Posts: 5274 | From: Im a nowhere man | Registered: Jul 2001
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posted
My thoughts are that if you set up the file, it is your file. If they paid you for artwork time then the art belongs to the first person who ordered it. I believe that the art produced by you, for a customer is for that sign at that time. We as sign people do not get paid the big dollars for designing. This will be an opportunity for you to use your design again. The other side of the story is if the origanal client is tight with you, you can run it by him that there are others wanting to do work for his previous clients. You may or may not want to share who it is. It comes down to a personal choice and a gut feeling of what is right as I don't think either is all wrong. You are running a trade shop and work may come in from many different places for the same end user. Is it your job to inform each of your clients who is getting the work and who isn't. It is a question that at trade shop will come across as their business grows.
posted
If I undestand this, Client 1 is a vehicle broker/dealer and the lettering is for trucks that he has sold which he delivers with the graphics on them, and these graphics he purchases from you? One of his salesmen left and is bidding against his old boss for the same trucks and wants to buy the graphics from you. So the graphics are really those of the person purchasing the truck and neither of these guys, and they could buy them from you or any other sign shop since you haven't said its a design that you own? I don't see any "legal" issue, just a customer relations issue that can cause you to lose customer#1. I too would talk to my longtime customer about the situation and see how they respond before making a decision.
This is the way I handled it with #1's blessing. I explained to #2 that I was put in a conflict of interest position for this request as the file belongs to company #1. So in order to recieve a quote and work on this file, it would have to GO through company #1. Trust me, the call won't even be made.
There's abit more going on in the background to this story, but the way I wanted to leave things was in a professional manner. There have been past issues I've had dealing with #2 but I needed a better comeback than simply, "I don't want to work with you."
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