Copyright Ownership Fee?
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- statik
Is it typical practice for a designer to add a fee if the client wants to have full copyrights to the work...I'm thinking yes but how much, how do you calculate that price?
Also, does the feel usually cover all develeopment work, used or not? I suppose you would detail this in the contract.
I have a client that I have given the full copyrights to my work (their work now), for no addtional fee, and it happens to be some of my best work to date...I have reserved personal rights so I can use it to advertise myself, enter competitions etc...
just feeling a little narked
Any advice?
- ********0
what else would you do with it? resell it to another client?
- Scotch_Roman0
Isn't that standard, to give them full copyright but retain self-promo rights for yourself? Everyone does this.
There are even some places that don't stipulate self-promo rights in their contracts, which blows my mind. I used to work for just such a place. Clients either didn't mind or didn't know that technically, the studio had given away self-promo rights.
- statik0
Alternative revenue streams, stock, store...better in my hands than not....Just feels plain wrong..unless of course they paid solid fee to keep the rights
- Scotch_Roman0
The copyright clause usually only covers final designs. Comps remain the property of the studio.
- statik0
So no copyright extra fees to client?
- statik0
Scotch_Roman, sounds good to me but how is this communicated to the client, on the contract?
- utopian0
Copyright laws in the U.S. and most industrial nations are fairly straightforward and simple. The copyright is automaticly protected upon creation of written or visual materials. Simply by having a registered date and or © copyright ensures that the work is now legally protected. E.g. "© 1999-2009 QBN LLC.", "Copyright © 2009, Dictionary.com, LLC. All rights reserved."
As long that you can prove in a court of law the date of original creation you are protected. Do not waste your time and or money hiring a law firm regarding copyright issues. The copyright laws are so simple to adhere by, that a cave man can do it.
- ********0
presumably design work is tailored to a specific client and situation... what would you do, sell someone's logo to someone else?
- statik0
I don't think I explained myself properly;
Do freelancers generally add a copyright fee on top if the client wants full rights to all art produced?
Magnificent _ruin_ - If the copyright just exists for the final works, and not developments, theoretically you could take this work (logo etc), make a usable template from it, sell it onwards to a stock store, your own stock products..anything,
- statik0
*the developments I mean, the non client owned work
- Scotch_Roman0
I have an entire page devoted to the legal stuff in my proposals. This language is pretty common among studios, as I understand it.
"All material produced by the terms of this agreement shall become the property of the client after all invoices have been paid. Upon termination of this agreement all such property and materials shall be the property of [studio name], unless paid for in accordance with the terms of this agreement. Use of the final project for [studio name]’s promotion is permitted, including display of the project online, in a printed collection of work, as well as submission to design competitions and publications."
- Scotch_Roman0
^ You could also add a line in there about comps and work that doesn't get chosen—remains property of studio etc. etc.
- statik0
Thanks for the insight Scotch..appreciated!