LEGAL QUESTION ABOUT DESIGN RIGHTS
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- influence
I have a client that wants me to give them all the old design files I have designed for them over the last few years so they can have a cheaper designer work for them now. I always provided them with a finished printed piece. What rights if any do I have? Anyone know any links? I really don't want to work with them anymore but don't feel I should have to hand over all the work I have on file. Help. V
- kld0
whats the contract state?
- welded0
I'm pretty sure that unless stipulated otherwise in the contract, source files (fla, psd, ai, etc) are yours by default. If they want them you can either hand them over and leave it at that, or you can charge them an ass load and leave it at that.
- DutchBoy0
don't scream.
- InnerPixel0
I second the lack of screaming.
- k0na_an0k0
You have a few options.
Depending on your contract you should own the source files. End of story. If they want them they can pay you for them. If your contract does not say anything like that...
Option 1) Tell them you can sell them the source files for a fee. They will most likely refuse but turn it back on them saying they wouldn't sell the source (whatever) of their product to their client. If they still refuse and seek legal action...
Option 2) Give in and send them flattened and outlines .ai and .eps files. Flattened photoshop files. Locked .swf files and NOT the .fla files. Pretty much flatten everything or export everything as they would have recieved it when the individual jobs were done. Any .jpgs or .gifs or photos corrupt, flatten, turn to B/W or make otherwise unusable. Like one of the greatest movies scenes. Die Hard when he's about to throw the bomb down the elevator shaft, he hesitates, then says "fuck it" and throws it. You just need to say fuck it and send them unusable shit. I did that once to a client. They wanted me to just hand over everything AND not pay for it. I flattened everything and pretty much did all of the above. Knowone there would touch it. In the end not only did I get my $ but I charged double to make it all work.... and waited to deliver AFTER I was paid.
- olli1010
Kona_Anok is right on the money. My team had this situation happen about 5 months ago.
My designer had a contract in which he was only responsible for handing in a finished product. He had all the legal rights to everything except already exisiting trademarks and copyrights. He negotiated a deal in which the company bought certain pieces and then they both went on their seperate ways.
Don't scream. Instead, act like a lawyer. Check the terms of the contract you signed and then negotiate to get as much as you can.
Good luck!
- rabattski0
mwahahhaa... i did the exact same thing kona did.
- influence0
Thanks guys. Sorry about the all caps I didn't think that still applied like it did back in 95.
Here is the letter we are going to send. VAttn: ___
Well, as you have stated, I hope this issue can be resolved short of litigation, but artists have particular ownership rights which the ( CLIENT NAME ) and a general practice attorney as yourself are most likely unaware of. As a hind sight error in my behalf, a SOW (statement of work) stating the client is paying for the artwork (delivered) and not the working files should have been signed by both parties when the account changed hands. Regardless with no contract submitted from either party, the copyrights reside back to the designer. As for the ( CLIENT NAME ) position on supposedly providing ( STUDIO NAME ) with artwork, that is a false accusation. After, ( STUDIO NAME ) obtained the account of the ( CLIENT NAME ), I myself contacted the previous agency, and requested any files they had for the ( CLIENT NAME ). They held the same rights as I do to the electronic files and were only provided to ( STUDIO NAME ) because of personal reasons. As the ( CLIENT NAME ) legal advisor, Im sure you have no concern in the fact that they are underminding my work by bringing in someone else to simply set up what I have already worked hard on. However, this issue is not worth fighting over and I am more than happy to transfer my rights of all working files for the ( CLIENT NAME ), but this in itself takes a considerable amount of time, which means there will be fees and a surcharge for doing the work. I will require a signed contract, that I will supply acknowleging the fees and the transfer of copyright, that ( STUDIO NAME ) shall continue to have the right to display the work in its portfolio and that I am no longer responsible for the upkeep and archiving of the files. If any future work is required regarding said files, there will be an additional charge to reactivate them. As for the Sept. 1 deadline, it is not realistic. Once a compromise has been reached, 48 hours will be sufficient time to acquire the ( CLIENT NAME ) request.Best,
- Tara0
people have some nerve, if they want a cheaper designer than they should deal with cheaper designs. if you've gotten paid already then no worries right
- QBDSN0
Thats a perrrfect letter influence.
- influence0
thanks again for the help. V
- ********0
just a suggestion, I would reread your letter and make it as formal sounding as possible. Take all emotion out. Also, don't admit you made any mistakes by not signing SOW or whatever you call it. State clearly what work they have paid for, and your price should they want the artwork.
Also, use correct grammar (don't begin with "well," use commas, etc. )Have someone proof it. I would be glad to if you need me to.
- mg330
I wasgoing to say the same thing as supes.
It is a good letter in essence but needs to be edited for clarity and be without emotion and simply stating facts and a proposed resolution.
The first sentence doesn't even sound grammatically correct actually.