FLA ownership
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- junetic
Do I have to give my fla to my client so she can make changes in the future? I do not want to give it up b/c she could give it to someone else and then change the site that is already published...plus I dont think she can fix anything in there herself anyway...
- tparsons0
It all depends on your contract.
- rson0
I would never give up the FLA. Unless you signed some type of contract stating that your client has access to the file.
- mr_pants0
Just went through a similar situation. They own the rights to the swfs.
If they want the source files (which may mean no future work for you) then I would sell them the files based on a percentage of the time it took to create them. The FLAs are yours unless you said otherwise.
Do you have a contract with them?
- junetic0
i have no contract...plus im getting paid sh*tty...so i shouldnt give it up right?...ok...thanks...
- killwhitey0
usually you give them the source to the .FLA especially if it is needed to update the site. You can work in extra fee for delivery of the native files when working on a tender but usually they are paying for your work and native files. Charge accordingly.
- Gorbie0
email it to them -
get it nice & corrupted
- sparker0
i'm sorry, but it's ignorant to work without a contract.
without one saying how you handle source file distrobution, they could, arguably, win rights to the files.
it's your fault you didn't protect your work and ip, mate.
the real world doesn't give two shits whether you were paid a dollar or ten thousand for your services, you didn't present them with proper documentation, there's not much you can do.
poor-mans-copyright doesn't hold up like it used to.
i would sit down with them and talk about some options....but don't be suprised if they try to fuck you.
- junetic0
it gets corrupted through email?
- Gorbie0
Source files like that usually don't work well with email.
- TResudek0
When a designer creates a print ad for a client, that client doesn't get the PSD files that you used to create the final file. They only get the final product as a flat EPS or TIF or PDF or whatever. Isn't this analogous to flash work? Meaning, the client doesn't get all of your sweat and blood and files, they only get the product of that sweat and blood. Right?
TR
- killwhitey0
to an extent but with web the user needs to be able to update their site. It's bad practice to leave a client with no possible way to update their site. A better way around it is to make all the content needed to be updated dynamic. That way there is no need for the FLA in most cases. Especially with no contract its basically their property becuase they have paid for you to do it.
If you look at how the record industry works its the same way. The company that pays for the recording owns the rights to the master. You still have copyrights but the actual master files whether it be on tape or digital belongs to the label.
- effour0
I'm in the same dilema. I have a client who just contacted regarding the fla to a game I createed a few months ago. contract says nothing about giving it to them.
- sparker0
exactly. and, contrary to popular belief, it can work that way in the print world as well. especially for logos.
by all rights the "design"/"concept" is yours, but all physical materials in conjunction with the final product belong to the client unless otherwise stated in your company documentation.
clients have the right to change their print work, or their websites or their software....whether you do the future work for them or not. if you didn't specify source file ownership prior to the project start date...then they have the right to modify it once your end of the project is terminated.
this is why proper contracts and business models are super important for freelancers and consultants.
all of this should be in writing and throughly understood before you ever do client work.
if you're a graphic artists/designer i suggest picking up the AIGA's handbook.
- Mimio0
They have NO legal claim to the source files or other means of production (proprietary software etc.). Only to the deliverable. Trust me on this.
- sparker0
as long as you have a contract, you could possibly negotiate methods of licensing and source distrobution.
does the contract specify any licensing or distro rights?
- sparker0
possibly, if a contract was entered, yes...but i've seen clients win rights when consultants don't have signed documentation.
- jpea0
if you think about it, if you're working with an fla, and you give said fla to your client, they might have updates done by someone else. But, what's different with flash (vs. html) is that the whole source can be seen. The updating person basically can have a beautiful tutorial on how to jumpstart their own biz. not something i'd want my competition to have.
make sure to get it in writing in the future.