Re: Copyright Issues, Work for Hire, Source Files?

Kathryn,

You're not giving up your rights. You're selling them.

The transfer of copyright is not an ethical issue in the categorical 
imperative sense. It’s a business issue. Is the copyright of value? To 
whom and why? Are you being paid enough for it? Those are the 
questions, not whether an organization likes it or dislikes it.

In most cases where people argue about copyright they are either 
worried about specific rights (to reuse the work, to not have anyone 
else use it, to resell it etc.) rather than copyright per se. It is 
worth making sure everyone knows everyone else's needs and intentions 
before a price is negotiated.

The marketing firm that hired you is selling rights to its client. It 
cannot sell rights that it does not own. A complete copyright buyout 
(usually done in the stupid (IMHO) manner of a "work for hire" 
contract) is the simple way for them to make sure they own anything 
they might want to sell.

If you sell your copyright you should negotiate any rights you want 
(such as using your work for self promotion) in advance. If you work 
for another design or marketing firm you should find out in advance how 
they do or don't want you to use the work to promote yourself. Remember 
also that selling your copyright makes someone else the legal author of 
your work, making self plagiarism an infringement on their rights.

And as always: Anyone who takes legal advice from a graphic designer is 
an idiot.

Gunnar

On Nov 15, 2004, at 1:41 PM, Kathryn Anderson wrote:
> How do you handle copyright ownership as a designer? I'm a graphic
> designer, and am struggling with the issue.
>
> One of my main clients is a design firm that feels that we should do
> whatever the client wants, so if they want to set things up as
> work-for-hire, and own all of the rights, then that's what we'll give
[snip]
> I do look to the AIGA and GAG as authorities on the matter, and would
> like to follow their guidelines and ethics with my practice. But I
> also want to keep my major clients, and feel some pressure to give up
> my rights in order to keep them happy.
----------
Gunnar Swanson Design Office
536 South Catalina Street
Ventura California 93001-3625 USA

+1 805 667-2200
[email protected]

http://www.gunnarswanson.com



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