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

Hi,

Gunnar has it right.
Some other things that you should consider is what you
sign on to do in the first place. Example: If you are' hired
to create a poster, that is what they are buying -one poster.
If the client wants a variation, --then you sell them a variation.
If the client wants to use the art work in any other form, you
sell them the rights to do that.

When it comes to layered photoshop files, think of it the same
way. The client has bought the right to use the "result" and not
anything else -not the layered files.  Your upfront contract must
be clear about this.

I run into these issues quite a bit with clients.  I mostly design
intricate photoshop compositions. I consider my process my
own "secret recipe" which keeps my work unique. So when
a client asks for a layered photoshop file, what they usually get
is a file that contains a flattened image, and type layer...


Hope this is helpful.

-Joanne K.

On Nov 15, 2004, at 8:01 PM, [email protected] wrote:

> Message: 1
>    Date: Mon, 15 Nov 2004 13:41:13 -0800
>    From: Kathryn Anderson <[email protected]>
> Subject: Copyright Issues, Work for Hire, Source Files?
>
> 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
> them. They also want to hand over all source files (such as layered
> Photoshop files), so the client can make any changes they like.
>
> Another of my main clients is a marketing firm that wants me to sign
> a contract, which includes a statement that all work is done as
> work-for-hire, and that the marketing firm will own all of the rights.
>
> I understand that the AIGA and Graphic Artists Guild are very against
> work-for-hire, as it takes all rights away from the designer. I agree
> with them, but I'm not sure how to deal with this issue. I'm against
> handing over my source files, as it means less update work for me,
> and the client usually destroys the design. As far as licensing, I've
> always felt comfortable allowing the client to use a design for
> whatever they need (using a poster as a website graphic), although I
> would like to have the option of handling the re-purposing of
> graphics, so the design remains at its best.
>
> 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.
>
> Please help!
>
> thanks
> Kathryn
Joanne Kaliontzis
studio51 design
300 Summer St #51
Boston, MA 02210
617-542-4122


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