Client wants artwork :(
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- doesnotexist0
deliverables don't include source files or designer's working files. politely explain this and be prepared with a dollar amount for those files, keeping in mind what mono, vexor and vector have been outlining.
- whatthefunk0
I've learned to draft a work agreement that clearly details the granting of exclusive rights, reservation of rights, and additional usage. By creating a design for someone you are not only selling them the design but also transferring the exclusive copyrights to use said art.
I detail in the grant of rights that this design is to be used as an "email template" and if they desire to use any or part of the design as something else we must agree upon such usage as I am not transferring those rights. Also the reservation of rights dictates that as the designer I retain authorship credit and to use the master files does warrant additional charges as the client will likely use the design for whatever they please.
- twokids0
If you did good work, give them the files, they will come back for more work - design work. Do you make your living in making small changes to existing files? Or creating good design that builds relationships?
- So, you hand over your animation working files without a second thought?monospaced
- yes. what I sell is me and what I create, not files.
twokids - you create files, if they have your working files, they wouldn't need you anymore for anything similarmonospaced
- Anyway, if that works for you, that's your thing. But I would never change my stance.monospaced
- twokids0
Be careful. There was a case a few years ago where Wal-Mart sued a video production company that had been doing work for many many years to give them all the footage they had shot. They refused, and it was a big mess, and corporations now are aware of this and will go after you if they want your files.
- who won?monospaced
- Oh right, Flagler Video did, and the case was nothing like this one.monospaced
- monospaced0
@twokids The Wal-Mart case you're talking about was one where the creative agency, who retained ownership of the creative (working files and footage), used them in something else. This is the exact opposite of the client using the files for something else. Regardless, Wal-Mart didn't win because they didn't pay for the working files in the first place.
- Additionally, when Wal-Mart asked for the working files, the video production company quoted them a clean $1Mmonospaced
- JamesBoynton0
Interesting topic, I would love to see how this is written up in a work contract.
- it's written in most contracts in the section about Intellectual Property and rights to Final Art and Preliminary Artmonospaced
- Ahhh, I really must sort a contract out.JamesBoynton
- babaganush0
Hey Wal-Mart we'll buy all the contents of your store...oh and of course we will need the land and the building for that price also just in case...
- meffid0
Don't know why everyone is so precious about this.
Send them the files - what use are they to them?
Maybe they just want to archive them on site?If you made a 1 page poster for them - they haven't purchased the fonts; leave them out of the package.
If you used any photography they paid for - send it, or if you made artwork, leave it out.Sometimes the client just wants something tangible rather than a PDF, or to export to an email size PDF or whatever the case.
Send them what they paid for and stop being so precious.
- I think it varies on a case by case basis, but I tend to agree.d_rek
- That's an interesting point but we all know they want "everything" includedGlitterati_Duane
- What you're saying will just frustrate them and drag the discussion onGlitterati_Duane
- There's no reason for them to want your files other than to cut you out of the pcitureGlitterati_Duane
- doesnotexist0
make a 200 page magazine in indesign then have them request your native files, meffid, and maybe you would see it's a little different if you blow the work out a bit and see that you shouldn't be handing over original files for nothing. now they can do whatever they want without you, altering your work and violating your intellectual property rights.
- whatthefunk0
I agree with the above, this is the same as asking your photographer for the negatives - you think a photographer is just going to hand them over without additional pay?
- MrT0
Either negotiate a fee to release the artwork (a % of the total for the first job) or make the artwork 'uneditable' - outline fonts, flatten everything and leave some tuna behind the cupboards.
- ohhhhhsnap0
Could be that they just need a 101 on how it works. A couple of my clients who didn't have lawyers on staff asked me to explain the clause to them. Maybe they will be willing to pay you X amount, if they know?
Good luck!
Intellectual Property: What does "Work for Hire" mean for designers?
http://www.aiga.org/intellectual…
- d_rek0
To elaborate on meffid's opinion:
I've worked with large, b2b clients whose corporate governance requires them to solicit multiple vendors for almost every project.
9 times out of 10 they come back to our shop because we A) Have a good working history B) understand their brand inside and out C) know what resources to use and where
But sometimes money trumps that. When you have a board of directors or a bunch of C-levels calling the shots and all they're looking at is dollar signs it's easy for them to want to turn over a project to a different vendor to save a few bucks.
It happens. It's simply a matter of business. And I can tell you from experience it's absolutely nothing personal.
- so that other vendor can use the brand guidelines and do their own goddamn work!monospaced
- Not getting it, are ya?d_rek
- I definitely get it.monospaced
- d_rek0
Also: You should always work rights management into your contracts.
Whatever type of rights management you choose to work with - indefinite, limited, etc. - providing this language up front prevents a lot of headache. It can also position you as a business-person to clientele.
- ohhhhhsnap0
Send them the artwork in an xls file :)
or .doc like someone mentioned.
- nylon0
I know for a fact that they have a student in-house doing stuff for them.
My gut is give them the files and the student will reuse the files nd simply change the main image and text next time...
Do AIGA have a standard contact that you can download?
- yes, of course they domonospaced
- yes! c'mon nylon! :)ohhhhhsnap
- http://www.aiga.org/…ohhhhhsnap
- doggydoggdog0
Is it the design file or other kind of artwork?
- bmacneill0
If you think that the client is going to take the files and re-use them to save a buck or two, are they really the quality of client you'd want to keep?
- d_rek0
@nylon
Maybe their student is just doing bitch work? You know - placing logos into MS Word, Powerpoint, etc...
Or do you think he's generating full-on campaigns and collateral with the artwork they're requesting?
Maybe it engenders trust that you're willing to share resources with them?
Again, why do you think your work is so precious?
Why don't you just explain to them in a calm and professional manner that you typically would not hand over source artwork files. If they want these files they need to pay an additional fee for them. Or is the relationship already on shaky ground to where they might feel like you're trying to squeeze a buck out of them?
- re: preciousness / It's all about future work with those files he spent so much time onmonospaced
- < thisfeel
- feel0
d_rek got a point, if they got student work, they're not doing original work, just making versions of your original artwork.
while you can focus on more original work, instead of doing shitty alterations / versions of your first work.
so just hand them the files and I'm sure you'll nail it. They will use it, and they'll trust you to do more original work for them.
i did it many times with AE files and stuff.
Again, its not like handing the negatives, you still have a copy of your own original work.
You could flatten stuff and leave only text/layers to them, so they don't have access to your vector art or something? either way, don't worry about it, just hand them the files and move on.
next time, if you're so precious about it, make a contract explaining this.