Each of the above components has its own implications regarding copyright. For instance: web development. If the site is done using a Free Open Source application, i. Joomla, WordPress; the client is paying for the expertise of putting the site together, but not really paying for the application that runs the website. All free open source applications are that: FREE for the world to use!
So neither the client nor the web developer can claim ownership of the systems used to run the site. If a client is paying for a custom made web application to run the website, then, the copyright remains with the web developer, but the client gets exclusive or limited rights to use it. In the case of the web design, the design can be based on a template or custom made exclusively for the client.
Sharing native files such as layered Photoshop files is a very common scenario and graphic and web designers must consider this when offering such services. If something goes wrong and you simply are not happy with your providers, you must protect your investment!
These days, most businesses have a website. But few businesses have the time or expertise to design and build that. As a website owner, you need to ensure your website complies with current Australian legal requirements.
What type of legal documents does your website need? The part about work for hire actually says otherwise. Unless a contract says otherwise the person whom the work was prepared for holds the copyright. Hi Sheila, Your article is amazing! I am a visual artist, specialized in crochet designs specifically appliques. I create the pattern and the actual applique from scratch. Clients usually show me a clip art found on internet and request if I can do it in crochet for them.
I do it, sell the finished piece to them and then put it to sell in my store too. She requested a design based on a picture of a football character logo she found. I worked a lot creating this difficult request, but finally did something that she was pleased with. I follow the same steps as always, sell the piece to her and uploaded it too to my store. Then, she send me a message asking me to remove the applique from my store, because she wants it to be an exclusive design for her… for free, of course.
As if she is assuming the applique design is hers…forever …. I know is a different kind of art…but the same problem in some way. Excellent Blog! Client is under assumption that the artwork is for them they paid for it and says they are under a lot of requirements if they are going to share. However, since they do not own the illustration, just the final product with text and logo incorportated is it ok to use the illustration again for other projects or under common courtesy, best to ask first?
How would you approach this situation? Hi there, I think the value of this article is proven by how many years people have been leaving comments on it! Your input was very reaffirming. I am wondering if you could shed light onto my situation. What would you recommend I do in this scenario? I would offer them two options; either I would retain the native files and they can pay me hourly once the project is done if or when they need updates and give them the updated PDF or whatever output you provide , OR, I would offer them a chance to purchase the native files for a percentage of the project total.
Hi, I am in a tough situation. I used to be in a loose partnership with a copywriter over three years ago. I did the design, he wrote the copy on the various projects. He paid me for the work, I have done, as a freelancer, but I never signed over my rights to him for the designs. I asked him to take down the whole site, which would be fair to both of us and he refuses to.
He claims that he did the copy and he paid me for the work. He also does not give me any credit for the designs, that are displayed. What legal rights do I have? I would suggest bringing a lawyer in to provide counsel, as I am not one. Good luck. I came across your article after receiving a Confirmatory Assignment out of the blue from a client today.
I have been working with them for a long time and wonder why they are sending this to me all of a sudden? I mostly do illustration, as well as some graphic design work for them for print and packaging. Things usually go smoothly and we get along well..
I am very uncomfortable with some of the terms listed in this agreement. Basically it says that I would be transferring all of my rights to the work that I have done for them. They can use, distribute, license and make changes to the work as they please. As well, it says that they have the right to make me remove any examples of the work I have done for them from my portfolio. I think that the copyright laws are a bit different here in Canada. But this seems a bit crazy.
You may want to consider talking to your client about the language in the contract, and see if you can reach a middle ground, or figure out which clauses are deal breakers for you. Also, consider charging more if they want full rights or access to your files. For me the biggest deal breaker would be not being able to use the work in my portfolio.
Best of luck. Not being able to use the work in my portfolio was what troubled me the most. They have always been an easygoing client. I will get in touch with them to discuss the language, and see if they are willing to delete the part about my not being able to display the work in my portfolio. Thank you so much Sheila! Thanks so much for this!
I really like your suggestion in the comments about charging a percentage of the design fee for native files. Thank you for the article. Your article was spot on! And they happily say… no. Wait, what?? Has Designer B done similar projects for other clients? If so, how much was he paid, and for what usage rights? How much are comparable designers paid just to create a new art direction for a magazine, and then deliver the style guide and template for others to follow? How much are designers typically paid just to do the production work of laying out the magazine, following pre-established style guides?
Did he spend a lot of effort and skill to develop them? Does Designer B keep these techniques secret? In that case, Designer B can demand an additional payment before he grants his client the additional usage rights and access to his working files. The more factual issues in dispute, the more chance there is that a court will get them wrong.
That means Designer B has relatively weak bargaining power. He could offer a compromise, for example, he could give the client working files for the magazine layout grid, but not the files that reveal how he accomplishes his unique treatment of photos and type. Presumably, those techniques represent a valuable personal skill set, which Designer B is understandably reluctant to share with competing designers. If your client terminates your services in the middle of a project, the general rule is the client gets only what he has paid for at the date of termination.
If you have a clear proposal that defines deadlines for interim payments and corresponding deliverables, then the client may believe you must give him the files for those interim deliverables.
But that may not be correct. Again, without a signed assignment or exclusive license, the general rule is your client will get only a nonexclusive license to use your work product.
Even if you have an assignment in your written contract, the assignment should be contingent on final and full payment for the work. So if the client terminates before the work is completed, the assignment will not be effective.
When the project is not finished, your client may assert that he can take your preliminary working files and finish the design on his own or hire someone else to do it.
But to a court, this may look like the client is trying to get the full benefit of the contract, or even more, without paying the full price.
For example, a mid-stage deliverable may include three options for a design direction. Later the client would choose one direction, and then the final deliverables would comprise final art for that selected direction along with, presumably, the corresponding rights to use only that final direction.
If a court were to allow your client to terminate the contract after paying only half of your fee, but then have usage rights to all three of the interim directions, your client would end up with more usage rights for three directions than if he had paid for you to complete the project for the one final direction.
If the court is well-informed about design industry practices, the court would likely conclude that your client has no rights to use your preliminary art, and thus no rights to your working files.
Thus, it may take a lot of attorney time and fees to educate the court on these issues, and even then the outcome of litigation is uncertain. The best way to avoid such disputes is to talk about these issues with your potential client up front, when you are first negotiating the contract. For example: 1. Give your client a range of options for usage rights and corresponding fees, and ask the client to choose the option he wants. That way, it is clear up front that different levels of usage rights require different fee amounts.
Be clear what deliverables will be provided with each option, including specifically what type s of digital files, if any, will be delivered. Only usage rights that allow the client to create derivative works, or re-use your work for other projects, should include delivery of your working files.
If you are not offering the option to re-use your work, be explicit about that as well. But if we gave them working files, the client would then have to purchase a license to use that font family— adding higher costs to their project. The same goes for image based assets. Beyond that, design files hold a designer's trade secrets. Giving another designer working files is much the same as a food company giving Kraft the recipe for their delicious new cracker.
Regardless of all the rules there are some clients who definitely need to purchase the design files.
0コメント