Using a product not in accordance with the terms of the contract
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Question
Hello.
A children’s book author agreed with an illustrator in a formal contract that it is permitted to use
each illustration only once. Regarding the other terms of the contract, the illustrator did not behave properly, and therefore
she was paid what was due to her and the working relationship was ended. Now the author wants
to use the illustrations again, and the illustrator is not responding to her. May she make use of them?
Answer
Shalom u-vracha.
If there is a formal contract, she may not do so, unless there is a clear reason to violate this condition,
and for that one must also hear the other side.
(Since she has ownership and rights to the product she created, and if one wishes to take away her rights, there must be a substantive reason.)
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