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Originally Posted by DonovanPhillips
Atticus, take some time to read before replying.
Seriously.
I shouldn't HAVE to ask Fletch to create promo materials. That was part of the original agreement. He should have been professional enough to do that on his own.
The mistake I made was not pulling his percentage when he didn't come through. At the time he was very busy with Drink More Post More, the tour wasn't doing well, so I didn't bother him.
Again, why should a professional NEED to be bothered?
Do you feel he deserved to be paid to create that tour AND receive 50% of the proceeds? How many other sponsors would pay a designer AND give him 50% for doing no additional work?
I dunno, maybe that offer is open to all designers from multiple companies.
Lensman? BradShaw? Anybody? Do you guys make that offer?
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Whether he deserved it or not isnt the question. It's what you offered and agreed upon. You cant offer a %. and then later when you are caught using unlicensed content, say that he has already been paid for it because of the % deal. If you wanted him to create more promo material as was the original deal, then you should of asked for it (whether you should have had to do that isnt really the point when it comes to the law). When he didnt comply you should of pulled the 50/50. He was in breach. You didnt. You paid him. End of story. You cant now claim that $582 was for something else and you're even.
You got caught using content that didnt belong to you. Be a man and pay him and realize you made a shitty deal in the first place and learn from your mistakes.