Partnership break-up
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- 26 Responses
- SigDesign0
Late to the discussion, but...would be good to talk to a lawyer and draw up real contracts for the future. Include extra charge for source art files.
No contractual obligations means you can do what you want, of course. Without a contract the files belong to you. Also, if you didn't sign any non-competes you can just go for the client.
"It's just business, it's not personal." - horrible quote from crappy email movie
- ArmandoEstrada0
Keep us updated and let us know what the outcome is.
- chossy0
"so i laid back during the first half knowing I would be putting more time in the backend."
- transmission0
Round of applause for the lot of you!
your responses have been pretty similar which gives me confidence in my next moves once they approach me for the files.
GO TEAM QBN!
- ohhhhhsnap0
don't email them shit.
- exador10
I think the consensus seems that the files are yours, and you may wish to part with them provided that the couple pays you what they're worth.
If you all can come to an agreement, then cool.
If not, DO NOT give them back over some sense of 'fair play' or 'doing the right thing'...as 'doing the right thing' doesn't seem to be what they're about...have confidence in your self, and what you're worth.
the work you did, and the talent you provided are obviously important enough that they want the work itself.
- microkorg0
+1 Grab that client! Ditch the deadweights.
- OSFA0
If there's no contract, they're yours. Fuck 'em.
And as a bonus, go for the client.
- formed0
They are your intellectual property. I'd say something about "proprietary methods" that you can't disclose. I tell clients that we can't release files do to third party licensing (which is usually the case).
As everyone is noting, everything has a price. Unless there is a benefit to you handing it all over, why would you?
Side note...I've got clients that sold a project and the people they sold to are asking for logins, files, etc., etc. I'll give it all over, but I need to be compensated for my time, for the lost potential promotional materials, etc., etc.
Business is business, they should understand that. Your time and your talent are assets that have a monetary value. Just say its "not personal, just business" and attach a few. Expect to negotiate and walk if they don't cooperate.
- cannonball19780
I'm going to need you to go ahead and mail me $40 to get some good lunch today. Need this to happen fairly soon too, so I can move forward with lunch.
Also, it's unethical to use that $40 to get your own lunch.
- BusterBoy0
Ask them to pay for the files...otherwise tell them to suck balls.
- monNom0
When you dissolve a partnership, the remaining partners have to buy out the other partner. That's just how it works.
Your source files are essentially the capital the business needs to run, so there is a lot of value in them. They are productive assets like the tools at a mechanics, or the source-code for Windows.
I'd say they are worth at least the cost of reproducing them from scratch, as if they don't buy you out, that's exactly what they'll have to do. (IE: they can choose to forgo buying you out of your assets if they don't want to, but they would have a tough time maintaining the client).
As the author, you hold full rights to your work unless you've signed some of those away. Without a contract, none of your rights would transfer into the partnership by default, just like the money in your bank account wouldn't magically transfer in. You need to explicitly transfer rights and capital into the partnership, otherwise it is yours.
Your partners wouldn't be anywhere without you producing the product, no matter if they brought you the business or not. That's why they needed a partner in the first place. Don't let them talk down your contribution to the enterprise, and DO expect appropriate compensation for your original works, know-how, and the productive assets created while within the partnership.
- cannonball19780
Think about it this way:
They are taking your files from you for free...
...then...
...giving it to your replacement!
And you get nothing! "Go fuck yourself lolz!"
but at least you get to be "nice and professional". Whatever that means.
- Your replacement, who is possibly a kid out of college, who'll work for zip.eoin
- monospaced0
They might feel that their part was actually the client/account/project management and finance, and that being creative was extra for them. There's a lot in the process that is beyond ideas design and production. You seem to know that though.
The files are yours, but also theirs in a weird ethical sense.mthey wouldn't exist hadn't they had the inside scoop you spoke of. But they literally don't want to work with you anymore, so that really shows you where they're at. Tough call.
- < sorry not at all helpful :(monospaced
- this is the quagmire i'm intransmission
- "but but i talkeded to the client and opened excel"cannonball1978
- transmission0
thanks all for the responses.
thanks zarkonite for the book ref.
- kona0
"Sorry guys, my hard drive froze up and I fear I've lost everything. I'm taking it to the Apple Genius bar later in the week so I'll keep you guys posted. In the meantime, suck my ass." - transmission
Maybe leave out that last part.
- You mean "-transmission"? I fully agree. I am certain that is not his real name.ETM
- hotroddy0
You may be able to argue that psd files are proprietary. There are lots of tricks of the trade (ie. layer blends, masks and other psd tricks) that you aren't willing to disclose without proper compensation.
- zarkonite0
As a side note, it sounds like you should read this book by Mike Monteiro, it's a quick read, it's entertaining and contains lots of good information.
http://www.abookapart.com/produc…
"Co-founder of Mule Design and raconteur Mike Monteiro wants to help you do your job better. From contracts to selling design, from working with clients to working with each other, you’ll learn why navigating the business of design is just as important as the craft of it. Cultivated from his own experience, Mike packs this brief book with knowledge you can’t afford not to know."
- zarkonite0
In all depends on the tact you want to take with them.
In business you should always draw up contracts to establish relationships. If their move is to kick you out, they should have planned that you would not necessarily be cooperative once that happens. If you produced the graphic assets, that's your product.
Personally I'd try to figure out what's in it for me whether I sell, give or barter for the files. Generally you're better off being on good terms if there's nothing in it for you by withholding, however it sounds like they were dicks to you first.
Maybe you guys need to sit down and talk about what happened?