Source Files & Clients
Out of context: Reply #10
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- VectorMasked0
well... first of all that has got to be discussed before doing any work.
You have to ask about...basic project info, deliverables, corporate requirements, client-supplied materials, other materials that will cost extra such as typefaces or stock photography, approvers, contract and how things have a price and are not free like typefaces or the source files themselves.
An hour-by-hour thing has absolutely nothing to do with your service. Before anything... just get rid of that concept that paying by the hour somehow forces designers to give away files. It's ridiculous.
I also charge by the hour, but they can't get my knowledge in the way of usable files for free. In reality a flat fee (and lets be really honest here) is the same as going by the hour. You just do so math, figure out an approximate amount of hours and are done. Nothing really changes.
it's just like that last bit of the video in the restaurant... It's damn weird to be asking for more than just a service. Now... would it be ok for the chef to give away his secrets if he was hired let's say by the hour for a corporate event or a party or a wedding? Would he be forced to give away his knowledge?I have a magazine here with a good article on "file sharing" as they call it. Will type a few sentences from key parts...
"The law has some basic provisions, one of which is that the author of an artistic work is the first owner of the copyright in that work — this means that in the absence of a formal contract, the designer retains copyright to the work and has no legal obligation to provide working files of any kind"
"As a designer, you have invested a lot of time in developing workflows and processes to streamline your business and make it more efficient. Your working documents are a reflection of these proceses and they can be considered your competitive advantage in the marketplace"
Something else you have to considere is that "creative work is not transferable" without proper notice. This means by giving away working files you might be force to give away typefaces worth hundreds of dollars, or images that are not meant to be given away free. There's actual elements that require licenses and so giving files away for free would make you the one breaking the law basically and it's a slap in the face for other creative people that work based on hours, licenses or usage (ie. photographers, illuystrators and typographers).
the last paragraphs reads... "If you find yourself in this situation for the first time, don't fret. Communicate with your clients. Ask them what their intentions are. Explain to them why the files are propietary and demonstrate how they possess monetary value. Charge them extra, if you choose. After all, they are likely buying the product and not the process."