Q: My client didn't pay me & posted my content. what do i do?
I am a digital marketer for my freelancing company in Montreal, Quebec. My client paid for the month of august and apparently wasn't satisfied and decided to continue, next month we worked harder and hired new people, but the invoice was sent at the beginning of the month but never paid. we asked for a payment and they said "well pay once were satisfied", so we continued working harder to prove ourselves. the month of september ended and never got a payment, so i moved on and stopped working with them. I had sent them the content because they want approval before posting. a few days ago i go on instagram i see that they posted a video from the month of September, for a video they did not pay, in the video its my model, that i paid for. i told them to take it down and they refused, what should i do? i told the model to text them to take it down, but they never did. unfortunately, i didnt make a contract, my mistake. please help
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It depends on where the client is located and a few other factual questions.
If they are in the United States and you register a copyright in the content you created, and if there was not a contract between you and the client to assign them rights in the content, then you might have a copyright infringement claim against them.
You can reach me through this website or try the attorney of your choice in the appropriate jurisdiction.
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I'm sorry you're facing this situation. Without a contract, it can be challenging, but you still have options. Start by documenting all your communications, invoices, and any work you delivered. This evidence will support your case if you need to take further action.
Reach out to the client one more time in writing, clearly stating the outstanding payment and your intent to pursue legal action if it's not resolved by a specific date. Sometimes a formal approach can prompt them to settle the debt. If they still refuse to pay, consider filing a claim in small claims court in Montreal, where you can present your documentation.
Regarding the unauthorized posting of your content, you can send a formal request to have it removed, citing your ownership rights. If they ignore this, you might explore legal avenues to protect your intellectual property. Moving forward, always use contracts to outline payment terms and content usage to prevent similar issues.
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