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

HI Kathryn,

As a designer/art director/lawyer myself, I've often found it most useful to set up a license
arrangement with my clients, instead of an outright assignment. As far as looking to experts for
answers to your specific needs, I recommend consulting an attorney in your jurisdiction, not the
AIGA or GAG, to advise you on this matter. Legal counsel can help you address your matter in the
means best suited for your particular business circumstances.

Mark Wagner
Consultant/Attorney

--------------------------------

[ This email provides general information only, not legal advice. You should not act upon this
information without independent legal counsel.]

--- Kathryn Anderson <[email protected]> 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 
> 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
> 


		
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