It sounds to me like a contracts claim, not a copyright claim, and thus would not be in federal court. My advice is to bluff. Why not find an attorney who will draft a letter demanding payment and threatening in definite terms to sue for both the money and the attorney's fees if not paid by a certain date? This should frighten the fellow into paying without your having to go to court, and wouldn't cost you too much.
You need to talk to an attorney where you live. Fortunately this is a primarily a contractual matter and not a copyright violation, although if you've regesitered your copyright you have a big club to swing with. Too bad the guy is a lying ass****, most of the artists I've dealt with with were much better people.
This is both a contractural *and* copyright issue, and copyright is the much bigger club to swing. When someone agrees to terms in order to use your image, failure to live up to those terms is copyright violation.
Someone else also pointed out that the whole thing sounds fishy, with good reason. There are very few painters who's reproduction prints sell reliably. There are such folks, but not a lot of them
"This is both a contractural *and* copyright issue, and copyright is the much bigger club to swing. When someone agrees to terms in order to use your image, failure to live up to those terms is copyright violation."
Not that it really makes any difference, but there is actually a case similar to this one that is taught in first year civil procedure courses in law school: T.B. Harms Co. v Eliscu, 339 F.2d 823 (2d Circuit, 1964). The copyright wasn't violated, because a contract was made permitting the photograph's use. What was violated was the contract.
I am surprised at the response this topic is getting. I really appreciate all of your comments. Keep them coming please. I'm really getting some new ideas. I am definately giving him a deadline. January 14th, or I'm talking to an attorney. I have written him a short but firm letter. I think I will make a few minor changes after reading all of your comments though. I really think if he still doesn't pay up, all I will be out is the cost of an attorney writing him a letter. Unless he knows something I don't, I don't think he would risk being sued over this. I know if I got a letter from an attorney threatening legal action, it would get my attention.
I sent this guy a VERY firm letter Saturday. I gave him until the 14th of January to respond. I promised to take legal action if he failed to respond. He called me today and we came to a mutual agreement. If he doesn't do as promised, I will post the continuing story. I guess I should have threatened legal action sooner. Thanks to all of you for your suggestions. They helped me decide on the wording of my letter to him.
Dear Wes, Make sure that you reduce your settlement aggreement to writing, signed by both parties. This contract can be the basis for a lawsuit with the statute of limitations beginning to run from the date of the new agreement. If he is not willing to sign this settlement aggreement then he is just jerking you around and you should sue him on Jan 14th. Threanten him with puntuve damages and usually there are treble damage provided in a deceptive trade practice suit. John Elder
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