Several years ago, I was asked to help out a local "author' who needed an artwork completed within 3 weeks so she could publish a children's story book. I created the illustrations she needed within 1 week so she could show them to her publisher.
She then asked me to complete another series of drawings for three other of her stories before the 3 week deadline for publishing. I created those drawings within a week, and gave them to her. I was promised payment once the first book was published.
She had agreed on the current rate for illustrations, as listed on the ASA site. She agreed my work was of professional quality and worth fair payment, after viewing a poetry book I had illustrated for a Queensland author. She later told me the publisher was only going to print the first of her stories that I had illustrated.
Several months later, the storybook was published in 7 countries and on the internet as an e-book but when I saw the e-book, I realised she had altered some of my artwork, removing portions of illustrations to reuse those portions to make extra pictures in the book.
I had never authorised her to do this. I never gave her any written consent to alter my work and I never gave her copyright. Prior to publishing, she had promised to draw up a contract for me to sign in regards to payment, but kept claiming she was busy and had not had time to do so.
When I received notification from her that the book had been published I asked her for payment at the current rate listed on the ASA site, as we had agreed previously, but she refused to pay me and claimed I had "donated" my artwork.
She has never returned any of the original drawings I supplied her with, and has never paid me for my work. The book is still listed on the internet for sale.
What can I do about this under intellectual property law? I am very disappointed to have been used so badly by a well-known local woman who I thought I could trust to honour her word.
She then asked me to complete another series of drawings for three other of her stories before the 3 week deadline for publishing. I created those drawings within a week, and gave them to her. I was promised payment once the first book was published.
She had agreed on the current rate for illustrations, as listed on the ASA site. She agreed my work was of professional quality and worth fair payment, after viewing a poetry book I had illustrated for a Queensland author. She later told me the publisher was only going to print the first of her stories that I had illustrated.
Several months later, the storybook was published in 7 countries and on the internet as an e-book but when I saw the e-book, I realised she had altered some of my artwork, removing portions of illustrations to reuse those portions to make extra pictures in the book.
I had never authorised her to do this. I never gave her any written consent to alter my work and I never gave her copyright. Prior to publishing, she had promised to draw up a contract for me to sign in regards to payment, but kept claiming she was busy and had not had time to do so.
When I received notification from her that the book had been published I asked her for payment at the current rate listed on the ASA site, as we had agreed previously, but she refused to pay me and claimed I had "donated" my artwork.
She has never returned any of the original drawings I supplied her with, and has never paid me for my work. The book is still listed on the internet for sale.
What can I do about this under intellectual property law? I am very disappointed to have been used so badly by a well-known local woman who I thought I could trust to honour her word.
