brinda — 2013-12-04T00:24:24-05:00 — #1
One of my friend is working as a graphic designer and is regsitered on odesk.
Recently he worked for a client in U.K. and has already received 80% of project money.
Without having adequate knowledge about U.K. laws , my friend disclosed his client's name and logo under his client list on his website without taking the consent of the client.
As soon as he came to know that his client didnot want that he removed it from his website.
Now his client is claiming charges.
Kindly help to sort out.
Is their any major legal issue?
mikl — 2013-12-04T08:35:27-05:00 — #2
It's difficult to give a firm answer without seeing the contract between your friend and his client. However, in general, I think it unlikely that the client would be able to claim damages.
Disclosing the client's name in this way is definitely unprofessional. Your friend made a serious mistake in doing so (although he did the right thing by recitfying the mistake straight away). But that doesn't mean that he was in breach of contract. Unless there was a specific term in the contract covering this point, I can't see how the client can do anything about it.
Even if the point was covered in the contract, the client would have to show that he suffered some damage or loss as a result of the disclosure. I don't know the circumstances, but it's hard to imagine how a client would suffer loss or damage just because a few people know that a particular graphic designer is working for him.
A more important point is that the affair will likely lead to a breakdown in trust between the client and designer. Your friend needs to go out of his way to restore good relations with the client, if only so that he can complete the work he is contracted to do, and get paid for it.
At least, that's my layman's opinion. If it looks likely that the client will take legal action, your friend will of course need to get proper legal advice.
appyarry — 2013-12-04T11:19:41-05:00 — #3
I would suggest you to settle the deal from client's end otherwise it will occur charges and the client may report the same in cyber issues.
system — 2013-12-10T11:47:38-05:00 — #4
simply he has to report about that in police or some other authorities...
davemaxwell — 2013-12-10T12:01:02-05:00 — #5
What? That makes no sense.
From what I've seen from quick research, this would be similar to what in the US is the DMCA, which is strictly a civil matter - there wouldn't be any criminal charges that could apply. And since he removed the logo and name immediately, even the DMCA portion would be fulfilled. Like Mikl said, there would be some burden on them to prove harm for further lawsuits. Sounds to me like an effort to get out of paying the full contract amount.....
But this would be something to have your friend contact a lawyer - perhaps find one that might allow for a free initial consultation (those are common here in the US).