Who owns design
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- brennan
Interested in hearing others thought on the following...
Do designers have the right to display both conceptual and published work for any client that he/she has worked on, for their folio?
I never have signed a document from any employer that states that I cannot post work.
I read in a forum once that...
"It is my understanding that unless otherwise clearly specified in writing upon intiation of the agreement for hire or contract, that the rights of ownership remain property of the artist by default."Whatcha think?
- Mimio0
I think the rights of ownership default to the party who commissions or pays for the service outright unless otherwise specified. For instance, if you make a design with a corporate logo in it, you couldn't assume ownership of the logo just because you reproduced it.
- ********0
It belongs to the company that paid you to create it. But you can still show it as something you designed, unless your contract says otherwise. Maybe a good idea to credit the company too though.
i.e "whilst at studioA I designed these comps for"
As far as I know...
- taragee0
at one place i worked this exact thing came up - a client went to google thier name, and up came a unused comp on a designer's site... the client was furious because (a) it came up as the 1st hit and (b) it was an unapproved comp and was NOT how they wished to have thier company represented.
now teh designer said that he hadnt signed anything and it was clearly written taht it was a mockup.. and the client argued taht it was thier name/logo/product shots....
- Point50
If you haven't signed anything that specifically states that you will not display works or promote yourself with works you did for the client, the I say go ahead and use it.
- radar0
if someone pays you for a design they own it, unless stated otherwise in a contract.
- brennan0
taragee, that is very interesting...
what netted out of that btw?
I understand that when you are hired, any work you do is owned by the company, but what's weird is so far I have never come across a document upon my employment that states this very fact. Honestly, I could care less who owns it, client or firm, but designers should always have the right to show the work they did, regardless if it was work for a pitch, conceptual work, or published work.
- ********0
man, that's some bullshit
- bukka0
I have a clause in my contract that the client signs that says
"once the project has been completed and introduced to the public, [design company here] has the right to add your name to [design company here] client list and the right to enter the work into portfolio and design competitions."
I also have an assignment of rights to the client for using the intellectual property made by my studio.
I pulled this from Graphic Arts Guild Handbook.
- ********0
do whatever you want then tell places to get bent. try not to deliver the goods at all
- fresnobob0
What Radar says is correct.
- brennan0
Bukka,
thnx for heads up, will take a look at the guild handbook - seems like that could come in handy
- ********0
they do not pwn
- scransom0
I look at it from the point of view of relationships. Your most important asset is your reputation. This is more important even than portfolio itself.
So something like that, you could take off line but put it in your book.
I think a company that feels so insecure about themselves that they won't allow someone they hired to show the process of developing their end solution as part of their portfolio is a small brained and short sighted thing.
The fact you came higher in google then them seems to make them jealous though and again, their reation wasn't the best course of action.
It sounds like a very stingy sort of client to me. A brand isn't something you control, it exists in the minds of people outside your control.
Would they tell the new york times to pull an article about them from their website if it placed higher in google and was critical?
- brennan0
scansom,
I hear ya, these are great points.
If a company was that adamant and small brained as you say, it's not worth my time to play their game and fight it.
But as a web designer, it's not feasible to take it off-line for use in your book, for this is our book unltimately. But of course it could go on dvd, etc. but still a shotty alternative.
It always amazes me the amount of time these legal departments waste in trying to eliminate google hits that are higher placed than their own, etc.
If people want to find information on something, they will get the the source no matter how far google buries it, given that they know how to search for it.
- taragee0
i shoudl mention that he did NOT link to the final site...
t ended up he kept those works in a pw protected section of his portfolio after abig pissing match between teh two :P
- scransom0
exactly. "there's no such thing as bad press" right. It's hard to be graceful with people, but it's good for the soul I think. (as weird as that sounds)
- kyl30
allz yer designz are belong to meh
- minimalista0
If you create a design while in a work-for-hire relationship (typically being employed by someone) your employer owns the rights to the work. You should have no problems showing the work unless it was specified that you cant in your contract.
If you're a freelancer you own the work unless rights were transferred to the client in a contract.
- ********0
i think more designers should exersize their right to expression (more often) and make art, not business materials