Brio Fragrance Won't Pay The Contractual Artist Royalties
My name is Jessica Galbreth, a popular fantasy/fairy artist who does a fair amount of licensing to manufacturers with my art. In 2005, I was contacted by Janet Hare of Brio Fragrance, stating that the large retail chain Hot Topic was interested in my art for a perfume line. Brio, being the manufacturer of perfumes, wanted to license my art to produce a perfume for Hot Topic. We signed a contract at this point, stating that Brio would give me reports on sales and pay me royalties on all perfume sales.
As time went by, and no reports or royalties came as scheduled, I began to call and e-mail Janet for an explanation. After all, I saw my perfume, Violet Moon, on the shelves at Hot Topic. I received no response.
After years went by with no response, I then began seeing this same perfume for sale on ebay and through other on-line shops. I began to get quite angry, understandably. Still no response to my voicemails, e-mails, etc.
My husband had an idea to call Brio and pretend to be a store considering buying my Violet Moon perfume. Thinking he was an interested customer, magically, Janet Hare instantly called him back, and e-mailed him back, stating that my perfume sold very well for them. Once he had her on the phone, he confronted her with who he really was.
She then promissed to send us a check catching up on all past royalties owed, though she would never admit how much she owed us. That was in May, 2009. To this day, this company has NEVER paid me a single penny, or sent me a report.
I could legally pursue this, but it would costs me many more dollars than I'd ever get back, so I'm posting here in hopes that no other artists will fall victim to this.
Monetary Loss: $500.