OT: Property Rights

Thread View: adobe.illustrator.macintosh

4 messages

[T] Back to Threads [V] Tree View [G] Group Articles

4 total messages Started by Doug_Katz Thu, 02 Apr 2009 18:47

#167

Author: Doug_Katz
Date: Thu, 02 Apr 2009 18:47

9 lines
1267 bytes

You're retained to prepare a press kit for a client. You're provided logo, copy and images. You decide booklet dimensions, number of pages, color scheme, layout, graphic flourishes. You also color correct and touch up images and make numerous copy improvements.

You prepare a press-ready PDF. Your client is well satisfied.

There is no explicit clause in the agreement establishing ownership of the original, digital files. Who then owns them? Must the client's request for the files be fulfilled? If not, what recourse is available to both parties to resolve the issue? What about the special case of font files?

(And why, by the way, would you WANT to keep the files, even if the client has no contractual right to them?)

Thanks.

Re: OT: Property Rights

#173

Author: Scott_Weichert
Date: Fri, 03 Apr 2009 00:07

13 lines
1651 bytes

The files are your tools.

Imagine if you take a car to get repaired. The mechanic put in a new transmission and head gasket.
He delivers you the car.
You ask.. "well can I have the tools you used to fix the car?"
What response would you get?

I don't personally hand over any working files unless a specific agreement is made. Giving away my working files means a few things:
A) Hours of work would be saved by someone wanting to repurpose the project or reuse it. having my files could potentially save the client money in the future.
B) There's no need for the client to come back to me should they want alterations (Job security)
C) I loose control over what my company puts out. The client could be claiming it's my work, when in reality some secretary somewhere has made hundreds of edits to the files I would not have made. It's as much my branding as it is theirs.

If there's no specific agreement in place, I'd try a friendly discussion about why the working files are not what was paid for. What was paid for is the press-ready file, most often a PDF.

Re: OT: Property Rights

#176

Author: Wade_Zimmerman
Date: Fri, 03 Apr 2009 04:21

5 lines
994 bytes

Basically it is what is customary, the client gets what you agree to give them.

Usually it is reproducible art. Usually a flatten copy of the art. With terms of usage. If you do not make terms of usage then it is probably viewed as work for hire, then the client owns the rights.

Trying to hide the usage clause or keep it vague would probably forfeit your claim copyright of the art. But there is no clear rule.

Re: OT: Property Rights

#188

Author: Doug_Katz
Date: Fri, 03 Apr 2009 16:03

3 lines
1016 bytes

I thank you both. In all these years, my agreements have been explicit about the ownership of original illustrations and designs. In fact, sometimes I transfer ownership and sometimes not. Due to an oversight (my fault), the terms in this case were left undefined and the question I've posed here came up.

Your answers echo my instincts on this. I appreciate it.

Thread Navigation

This is a paginated view of messages in the thread with full content displayed inline.

Messages are displayed in chronological order, with the original post highlighted in green.

Use pagination controls to navigate through all messages in large threads.

Back to All Threads