IP/Copyright on brand design
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- jonathantait
Contentious issue!!!
So chaps what's your opinion?
We have a client that wants us to sign over IP on the Brand/logo we designed for him...restaurant chain of 6 fair sized establishments... I'm fairly comfortable with it, knowing I own IP, but happy to sign it over, I reckon (as he does) "they paid for it why pay again?" My view is what is it worth to me?
A. If I play hard ball and got for them paying for the IP they'll never use us again but we may get a few bob
C. I give it too them, (but they may be asking for it, thinking they are going to drop us, but then again I suspect they are getting ready to sell the business)
- ********0
Don't be too greedy - if he paid a decent amount first time around, be reasonable. In realistic terms, you're probably not going to do anything with the logo anyway are you?
I think that IP is a shite concept anyway - in my mind, people should charge based on effort -> not on IP rights.
- Have to say I agree, but does anyone (apart from the rest of our board) disagreejonathantait
- jimbojones0
ask for $$$, if they agree, good for you
if they don't you keep your IP and your grandchildren can drool over your stories about your high morals and all
- hans_glib0
just sign the copyright over. i once lost a very lucrative job trying to extort ip money. i felt stupid and grubby
- ribit0
Why don't they build this into the contract in the first place?
- I wouldn't buy a logo design without IP rights... it does seem pretty integral to the product.********
- I wouldn't buy a logo design without IP rights... it does seem pretty integral to the product.
- Machuse0
any links that summarize this IP issue?
- zarkonite0
ask them why they want to have the IP.
Based on their answer you can charge them accordingly. If they want to start franchising then they'll recup any cost they incur purchasing the IP... if it's just for fun then charge less. etc.etc.
my point is you need more info to make an informed decision, however in my opinion you deserve something... nothing comes for free and if they want it that means it has value to them.
- i_monk0
Design should be like movies and music, you get paid for the rest of your life off what you spent a few weeks working on.
- voiceof0
@ zarkonite
If you ask them that chances are you're going to be met with "none of your damn business" or if they have any sense they will come up with the least lucrative reason which would defeat the whole purpose of aking.I personally think it's too late to go back and try to negotiate for it now. By doing this you are just going to risk losing a potential long-term client. I think you messed up by not having this layed out in the original contract. Anything you do at this point is just going to be viewed as milking them for more money.
- jonathantait0
I agree, with you all!!! lol
I'm not happy with the moral issue of having been paid once for ther job to then demand more for the IP. It'd be nice though to retire on it though...but some how I doubt it.
What's the concensus on contract do you guys give up IP or no?
- ribit0
Doesn't it always depend on how thorough the client is in the contract? i.e. If I commission a brand/logo I would want to ensure my company has at least license to use it, and ideally exclusive rights apart from the designer using it in self-promotion. Or are you talking about situations where this isn't so obvious?
- zarkonite0
@voiceof
you're being defeatist. They won't necessarily try to fuck you over... you're also assuming they want a long term relationship with the designer but in my experience clients who act like cheap fucks will ditch you for anyone that offers a 5$ discount.
He could explain the value of the IP and then offer to give it to them in exchange of a long term agreement... business is all about negotiating.