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What action can I take when a contract has not been honored?

What action can I take when a contract has not been honored?

Full question:

I am a native artist, I had an agreement with a company who wanted to use a art piece for a calender and the company paid me $300 dollars for the use of the art piece. The problem I have now is that they think they own the art piece, and in the begining I told them that I couldn't sell the art for $300 but they could use it for their project but I needed the art piece back because it was a lease. I went up there last week and told them I needed the art piece back and they want me to pay them the $300.00 back. We did sign an agreement when they paid me the $300, but I wrote on the agreement that it was a lease only. They have had the art piece since August of last year. What can I do?

Category: Contracts
Subcategory: Breach of Contract
Date: 04/07/2025
State: National

Answer:

Typically, when someone wrongfully fails to return property loaned under a contract, a breach of contract lawsuit may be used to recover the value of the property. When an item of property is unique, so that money damages can’t compensate for its loss, it may be possible to get an order to have the property returned by filing an action called a claim and delivery or replevin.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I protect my art from being copied?

To protect your art from being copied, consider registering your work with the U.S. Copyright Office. This provides legal recognition and allows you to pursue legal action against infringers. Additionally, you can use watermarks or digital rights management tools to deter unauthorized use. Clearly state your ownership and licensing terms when sharing your work, and consider using contracts for any agreements regarding its use. Legal protections vary by state, so consult with an attorney for tailored advice.

What is art that has been requested and usually paid for by an individual, a company, or a government called?

Art that has been commissioned and paid for is often referred to as commissioned art. This type of arrangement typically involves a contract outlining the terms, including payment, rights, and usage of the artwork. Commissioned art can include paintings, sculptures, and other forms of creative work, and the agreement should clarify ownership and any licensing rights.

How much is the licensing fee for art?

The licensing fee for art varies widely based on factors like the artist's reputation, the intended use, and the duration of the license. Fees can range from a few hundred to several thousand dollars. It's essential to negotiate terms that reflect the value of your work and the scope of its use. Always outline these details in a written agreement to avoid misunderstandings.

Can someone use my art without permission?

No, using your art without permission is generally considered copyright infringement. As the creator, you hold exclusive rights to your work, including reproduction and distribution. If someone uses your art without authorization, you may have legal grounds to pursue action against them. It's advisable to register your work with the U.S. Copyright Office to strengthen your legal position.

How do freelance artists pay taxes?

Freelance artists are typically considered self-employed and must report their income on Schedule C of their tax return. They should keep accurate records of all income and expenses related to their art. Additionally, freelancers may need to make estimated tax payments throughout the year. It's recommended to consult with a tax professional to ensure compliance with federal and state tax laws.

What qualifies as art theft?

Art theft occurs when someone unlawfully takes or uses another person's artwork without permission. This can include stealing physical pieces or reproducing them without authorization. Art theft is a serious offense and can lead to criminal charges. If you believe your art has been stolen, document the incident and consider seeking legal advice to explore your options for recovery.