Client Refuses To Pay Me

freespirit77

Hi all

not sure if I have this in the right forum.

Basically, I'm a visual artist I was commissioned to paint 3 paintings for a project. The client emailed me the instructions. Because of the amount, I gave her a package price for the payment. 
When we met up he changed her mind and wanted one of the items on a separate image.

I finished the work and ent her pics, he said she liked it. But a day later she sent me a pic from the internet of an owl, which was the same species a the one I drew. It looked similar to the painting but it's not, for some reason he doesn't want to pay for it. 

She saw progress pictures and she was fine. She wants me to repaint one of the other pics.  

I there anything I can do legally? Or should I just take this a learning experience? I didn't write a contract (it was a straight forward job and he come via someone I know)

emmajones1976

No practical help but is there a word missing from your thread title?

Jeremy535897

The contract is the instructions from the client and the response you gave, varied by the additional instructions. I am not clear quite what the job was, as you refer to "paint 3 paintings" which implies three original painted works, but you then refer to her wanting "one of the items on a separate image", which implies a computer image rather than a physical painting.

lisyloo

What does the contract say about their rights?
do you have records e.g. emails of them being satisfied with progress?
they owe you an explanation of why they aren’t satisfied.

ultimately you can take them to court, but usually it’s best to try to discuss first.

Mistral001

The dispute seems to be over the content.  Your client seems to be alleging that you just copied the owl that another artist did.  This is  difficult one as she is, strictly speaking, claiming that you breached copyright of another artist.  You are claiming that it is only the same species.  Does your painting have any other resemblence to the image from the internet.  Has it the same stance?  Have you superimposed it over the painting on the internet to see if it is very close or not to it?  

freespirit77

Mistral001 said:

The dispute seems to be over the content.  Your client seems to be alleging that you just copied the owl that another artist did.  This is  difficult one as she is, strictly speaking, claiming that you breached copyright of another artist.  You are claiming that it is only the same species.  Does your painting have any other resemblence to the image from the internet.  Has it the same stance?  Have you superimposed it over the painting on the internet to see if it is very close or not to it?  

The stance of the owl is very common, its literally the bird just standing and looking toward the camera.  The image he sent me the owl  has large feathers almost like eyebrows. I'm going to message her for clarity. The only resemblance is that they're the same species

freespirit77

lisyloo said:

What does the contract say about their rights?
do you have records e.g. emails of them being satisfied with progress?
they owe you an explanation of why they aren’t satisfied.

ultimately you can take them to court, but usually it’s best to try to discuss first.

I didnt do a contract. Yeah WhatsApp meage and email

Mistral001

freespirit77 said:

lisyloo said:

What does the contract say about their rights?
do you have records e.g. emails of them being satisfied with progress?
they owe you an explanation of why they aren’t satisfied.

ultimately you can take them to court, but usually it’s best to try to discuss first.

I didnt do a contract. Yeah WhatsApp meage and email

Though a written contract might be helpful, you do not need a written contract.  As long as there are emails confirming offering to do it and a price is agree you have a contract.  Even a verbal agreement is acceptable, but it could come down tp just your word against theirs.

freespirit77

Mistral001 said:

freespirit77 said:

lisyloo said:

What does the contract say about their rights?
do you have records e.g. emails of them being satisfied with progress?
they owe you an explanation of why they aren’t satisfied.

ultimately you can take them to court, but usually it’s best to try to discuss first.

I didnt do a contract. Yeah WhatsApp meage and email

Though a written contract might be helpful, you do not need a written contract.  As long as there are emails confirming offering to do it and a price is agree you have a contract.  Even a verbal agreement is acceptable, but it could come down tp just your word against theirs.

Thanks for the help. Yeah she messaged me she said she only wants the two large physical paintings, not the ink drawing and the digital pic, she said they look to similar to the images he saw on google. The price I gave her was a package, she said she wants to  meet next week and pay me in cash. I haven't responded yet

penners324

Use Money Claim Online. It starts legal proceedings in a court.

martindow

penners324 said:

Use Money Claim Online. It starts legal proceedings in a court.

The OP may decide to do this, but it is best to try to resolve this before court action.  The OP should meet the 'buyer' as has been proposed to attempt to settle this.  If it does and up with a claim, judges are not well disposed towards claimants who have not exhausted options for resolving a dispute.

In any case there is no guarantee of winning any claim and that can be just the start of it.  Actually collecting any money owed is not necessarily straightforward.

In the future the OP should use a proper contract rather than informal messaging.  A lot of us have had incidents like this and I for one have changed afterwards.