Who owns design work, client or designer?

[Deborah]

I really need some legal help from the community on the question of who owns design work, the client who paid for it or the designer who created it?

Here is my issue, over the last 6 months I have been doing alot of freelance graphic design work (in my home studio) for a large corporate client. I've created alot of graphical elements that I've used in designing brochures, flyers, exhibition and web.

Recently I've been sent an email requesting that I send everything to them so they can now use everything that I have created in their internal studio. If I hand everything over it means no further income for me on an ongoing job.

The client and I have had a few emails back and forth and they are not happy with my response which was to politely say no and explain my reasoning. From their response which was basically about commissioning and ownership I feel like I am going up against a corporate giant.

Should I just hand everything over or hold out?

[KarenC]

The designer owns everything. No, you do not hand over the raw files. The only time that happens is by a previous written agreement in which you are paid a fee for those extra files as well.

AGDA - the Australian Graphic Design Association has written much about this and is adamant that designers do not hand over raw files.
AGDA
http://www.agda.com.au/

Copyright Australia also has info about it - here is main site. I don't have the actual design page at hand but you can search here http://www.copyright.org.au/



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[The Copy Chick]

Great links Karen.

And a great reminder of why anyone creating material subject to copyright should have the terms of ownership set out in a contract prior to undertaking any project. That way any potential misunderstandings or objections can be sorted out before they have a chance to become an issue.

Deborah - good luck getting the issue resolved. Perhaps sending them these articles will help you get your point across.

[Evo 'the marketing guy']

I won't sign up with any graphic design agency - or web agency - for that matter without OWNING the work that I pay for them to do for me. I've only ever had one designer say no. Most are more than happy to hand me full ownership of the work and hand over all design files on a disk after each job.

And the agencies that are happy to do this - get all the work - not less. I am not after the files to do it all myself, rather, to protect myself in case I'm suddenly burdened with the crazy fees that can emerge from being 'locked in' with someone.

And yes, I am happy to pay more for this IP hand over - but usually it is inconsequential to the total job cost.

Evo

[John...WW]

Originally Posted by The Copy Chick

Great links Karen.

And a great reminder of why anyone creating material subject to copyright should have the terms of ownership set out in a contract prior to undertaking any project. That way any potential misunderstandings or objections can be sorted out before they have a chance to become an issue.

Deborah - good luck getting the issue resolved. Perhaps sending them these articles will help you get your point across.

Hi Anna,

On a slightly related note, we seem to have a similar business model. We always approach this issue stating we have dual copyright for all material. I would be interested in your view / approach?

Regards

John

[The Copy Chick]

Originally Posted by John...WW

Hi Anna,

On a slightly related note, we seem to have a similar business model. We always approach this issue stating we have dual copyright for all material. I would be interested in your view / approach?

Regards

John

Hi John,

I stipulate that I retain copyright on all material until final payment has been made, at which time the copyright transfers to the client. However, I still retain the right to use the material for self-promotion unless the client has sensitive material that they specifically request I do not use.

So far I haven't had any problems with this model, but before I launched my business I had spent a fair amount of time on various copywriting forums and had seen where other copywriters had come unstuck because they didn't have contracts in place.

It was quite an eye-opener and I was so grateful to have had the chance to learn from their mistakes - many of which I'm sure I would have made myself if not for their stories.

[King]

I think the sticking point comes in the design elements.

The client may have copyright over the final design, but individual elements, may have a different interpretation.

Just say you do a tree...that might be useful in other uses later....

[eCoverBox]

I have been in the web and print design business for 7 years and never had this issue. I make it clear on my website that if clients want source files for designs, there is an extra fee.

So far I haven't had any issues. My clients have been more than happy to pay for the source files. They just need to be made aware of this from the start...

Good luck!

[JohnSheppard]

..also I believe most fonts have licensing restrictions...a designer handing over those with the work can be in a fair bit of troubles....

[Visionlux]

I think this comes down to one question. Is the job "work for hire" or not?
It's incredibly important to lay those terms out clearly before any work has begun.
I would tend to go with "work for hire" agreements with the stipulation that my techniques and styles are mine to use for other jobs under a "good faith" agreement.