Horrible Client.. Need Graphic Designer advice in legal and moral opinions

[JoeM]

I think everyone above has it covered. Do you want me to call my cousin Vinnie in Brooklyn and have him pay this jamoke a visit?

[tenders]

> pay this jamoke a visit?

This is an Arby's milkshake contract?

[Chupa Chupa]

[quote weapon]A
Legally I own the files and they own the final printed piece. How do I explain to them the full buyout process ($900) or should I just hand them over the files and be done with them. Keep in mind I will not be doing anymore work for them due to the way we parted the last time.
Easy. (Just my personal opinion here, not a legal opinion in any way, shape, form, etc) I'd tell them "if you want the files it's $900. If you don't like that have your atty talk to our atty." The question is do you really own the files? If the client thinks the original work was a "work for hire" do they have an agreement to support that fact?

[M A V I C]

[quote Chupa Chupa][quote weapon]A
Legally I own the files and they own the final printed piece. How do I explain to them the full buyout process ($900) or should I just hand them over the files and be done with them. Keep in mind I will not be doing anymore work for them due to the way we parted the last time.
Easy. (Just my personal opinion here, not a legal opinion in any way, shape, form, etc) I'd tell them "if you want the files it's $900. If you don't like that have your atty talk to our atty." The question is do you really own the files? If the client thinks the original work was a "work for hire" do they have an agreement to support that fact?
Yeah, if there's a contract that specifically says "work for hire" then there's no question the client owns the files.

[weapon]

No contract either way.

[iaJim]

Sometimes you just learn from a situation and give in and vow never to make THAT mistake again. Education isn't free.

[weapon]

yes but neither is my time

[MysteryGuest]

Why give in? Seems to me you have the upper hand. Take a deep breath, state your position, name your price and stand firm. If they get unpleasant, don't take their calls.

[MacMission]

The analogy I use that helps my clients understand about release of native vector files is that they would never expect a freelance photographer to release their negatives without great expense. By the same token, a digital artist would never release their native vector artwork without great expense.

I always take the time to educate my clients up front on the value differences between resolution independent vector art and resolution dependent bitmap art. I inform them that they must purchase the native vector artwork before I even share pdf attachments. I give them visual handouts to reinforce these concepts.

In your case, if they want the files bad enough they will purchase them. GIVE THEM AN OPPORTUNITY to purchase them. I had a client just yesterday who called me up after nearly two years and said she was excited because she was finally financially ready to purchase her "Digital Logo Disk Release". Do not just give them the native files free out of frustration (and I feel your pain on this). This act, despite the psychological relief, would be unprofessional. Stick to your script.

[weapon]

How do I tell them?

How do I start the email and still sound professional?