Working Files
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- transmission
Want some opinions on a req
- Continuity0
Oi. Flashbacks to Nike and African Mango, here.
- Don't laugh man.
Parkinson is serious shit,maquito - forgot to hit ENTER but rather hit RETURN.transmission
- Three times! :D
You Chinese spammer, you!Continuity - I know man, kiddin.maquito
- i'm staring at the keyboard when I type.
transmission
- Don't laugh man.
- transmission0
Whoops.
I wanted to say I have a client that has partnered with another company to sell my client's products through the partner. But the partner company wants to use the working files I had created for a series of brochures for them and insert their branding/pricing elements. I have no issue with that.
My question is do I sell the working files and if so would it be worth more than the original project?
- Continuity0
You would run into copyright problems re-selling the work to the partner, I think, unless your contract with the client specifically states that you retain copyright over the work even after selling the execution to the original client.
- Continuity0
The other option, though, would be to take on the new work with the updates from the partner and bill the client for the extra hours.
- dbloc0
I don't think you would win this fight. just hand over the files to the client.
- transmission0
As I understand copyright laws, the client owns the copyright of the finished artwork but they don't own the working files. So I think I can sell the partner or the client (not sure who's asking) the files.
I thought about offering to do the work for the partner and i will suggest it but do you think the value of the working files is greater than the final piece?
- vaxorcist0
did you sign a "work for hire" contract?
- I have no contract with the client in place. would it be weird to suggest we sign one now?transmission
- transmission0
From the AIGA website.
Under U.S. copyright law, the designer is the owner of all files and artwork created for the client, and the client is the owner of the end product (i.e. a printed business cards). Release of electronic files to the client is at the discretion of the designer and is determined by the type of project. Copyright ownership may be transferred to the client for a fee that is based on the uses for which rights are being transferred. This is specified in a proposed agreement for the design of an identity system.
http://www.aiga.org/intellectual…- NB. I'm in Canada but I would be surprised if our laws are different
transmission - Actually, Canadian copyright laws can be VERY different.Continuity
- NB. I'm in Canada but I would be surprised if our laws are different
- Continuity0
No contract with the client? You, sir, haven't got a leg to stand on.
Agreed with dbloc: hand the things over without billing for them, and consider this your lesson learned.
Never, EVER freelance without a contract. Ever. You're lucky you got paid at all.
- transmission0
But in theory, by having no contract, would it not be up for negotiation or without a contract they basically have the upper hand?
Also, my client has asked in this manner:
They are asking for the working files so that they can co-brand the program to their clients, but I am not sure if this is something you will even allow access to. Do you?So I'm not sure how to respond to the question?
Are there good examples of client contracts available online? How does on generate a contract?
- Continuity0
Well, first off:
A contract is NOT to give the client the upper hand. It's there to make sure a business arrangement is fair to both parties, whilst ensuring that you're protected in the case of things like this, or non-payment or whatever.
From where I sit you only have two options:
1) Offer to do the work and bill for it;
2) Hand the files over, and not bill for them;You can't even try to squeeze money out of anyone for the working files, because you have no contract with an ownership stipulation in it to back it up. It would be your work against the client's.
There are several contract models available online. Google 'graphic design contracts', look at them and then add stuff you think is both fair to the business arrangement, and to you.
As an example, any time I freelance for a client abroad, I always add the stipulation that travel and accommodation costs are absorbed up-front by the client, if I think there might be any travelling involved.
- transmission0
@continuity—do have one contract per client or a new one for each project?
Because I did have a contract signed a couple of years ago for the first project they commissioned me for. But the person who signed it no longer works there.
- Normally I go on a per-project basis, but if I had a seriously long-term client, I would go on a retainer-style contract.Continuity
- doesnotexist0
if someone new is entering the picture get a new contract that sets new terms and fees to use your work because now you're dealing with different parties and you are no longer in scope.