Posted on 02/18/2016 12:23:10 PM PST by EinNYC
I am a pretty new graduate of a graphics design school. I hope to work part-time in this field, which I really enjoy, when I leave teaching.
My first paid client (sort of a friend) recently had me make a political flyer for his current campaign. I used InDesign to make the flyer, as well as Photoshop to tweak the photos he provided me and Illustrator to make some little graphic flourishes. It was a lot of work and took me a lot of time, since I'm new at this and don't have the extreme facility with the myriad of shortcuts a more experienced hand would have. Anyway, I provided him with a PDF in the packaging process for him to have it printed. He told me he thought it was fantastic, his team loved it and then he paid me.
Now, a couple of weeks later, he is asking me for the original ID file. I strongly suspect he wants to muck around with my work himself, as he has that software (but is not graphics trained, from what I've seen), and doesn't want to pay me more. Or one of his "committee", whose graphics taste is quite unprofessional (what they suggested several times would look like what a school secretary would put in a school calendar, and that's probably what they're used to), had a suggestion. I do not feel like having my work, which was a product of my training and in which I take pride, changed from what would be considered good graphic design by my instructors to a nonprofessional mess by these people.
Do I owe him my original ID file? I don't think I do. There was no written contract, just an oral agreement to make him a political flyer, which I did and which he signed off on and paid me for. No particular format (PDF or original file) was stipulated.
Two scenarios.
I’m contracted for a company logo or branding specific to their company. In which case I provide a style sheet with various versions, black and white, grayscale, and full color along with vector, tiff and jpeg files. They own the image.
I’m contracted to produce merchandise for specific events. Most of the time that requires me to develop the art and produce the merchandise. In this case, they pay for the merchandise, I do not charge for the art, unless they wish to use it for collateral advertising for that event. In which case they pay a license fee, and I retain ownership.
Just starting out might be a good time to lay the ground rules for when they come back.
"My policy is not to give out source code, but I'd be more than happy to make any changes you might have in mind as new work, which will be substantially less expensive since I can use the source as a template."
It lets him know you're not comfortable handing over your source files but are willing to work with him in regard to keeping his costs down.
Also, in regard to editing a PDF file, if your text isn't changed to outlines, it can be opened in Illustrator and the text edited. If he doesn't have the font you used, it will substitute with a default which will also affect the design.
bump for later
I have been a graphic designer for close to 30 years now. Give him the file. Your reputation does not stand or fall on this one job. Next time, get a contract and stipulate that the original source file remains the property of the designer or that it will cost extra. It is similar to selling a painting. They can buy the painting and it is theirs to do whatever they want...except make prints and sell them. If they want to do that, they have to buy the copyright...and that will cost more.
By he is asking for your actual program file? Like asking for a Corel draw file?
I don’t know if a professional version of a PDF program could maybe these days carry the whole project over from you given PDF to elsewhere. I do not know.
I believe he is asking for the actual ID file. Which I will not give him.
I’ve placed watermarks in graphics with my copyright. Very light, doesn’t interfere but clearly shows I own the graphic. People then ask for permission to use for their own needs, and I freely give it. Not easy to remove. If I like the person, I give an original without the watermark.
I’m into photography. Even if hired for a shoot I own the copyright for the product under copyright law. Ethical printers will not print without a release. Watermarks, visible or otherwise, protect my product.
Since you did not cover this with a contract (the part of business that schools leave out!!! they are leftist mostly and are not really about your success)... you should give him the sources and thats that.
ie. its a work for hire...
A work made for hire (sometimes abbreviated as work for hire or WFH) is a work created by an employee as part of his or her job, or some limited types of works where all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term (17 U.S.C. § 101), so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work. According to copyright law in the United States and certain other copyright jurisdictions, if a work is “made for hire”, the employer—not the employee—is considered the legal author. In some countries, this is known as corporate authorship. The entity serving as an employer may be a corporation or other legal entity, an organization, or an individua
this is why some people with more experience that they can do this, will add to the contract that only the final piece is a work for hire, and the parts going into it belong to you... but if its a work for hire, and they paid you, then they are the reason you did the work, gathered it, and did so on their behalf.
I run an imprinted sportswear company and am on both sides of this issue.
We create artwork for our customers all the time. It is fairly common for customers to ask for a copy of their digital file. If they were charged a fee for art creation we generally give it to them. If they were not charged for design work, we generally charge them for it.
You are not obligated to give them any original art, but depending on the customer and your relationship with them, you may chose to do so.
If you are not using a pre-printed order form yet, you should design and use one. Make certain that in the “fine print” you note that “the fulfillment of this order and/or the creation of the items noted above does not entitle the customer to access to - or ownership of - any files or artwork used to create said items.”
Following that, you need to be VERY specific on the order form as to what they are ordering. We generally do not even mention “design time” or “art creation” on our jobs. It is built into the price of the item. So with us, you are buying printed t-shirts. If a customer desires a copy of the art we used to create their shirts, we point out that they were not charged for it and that if they want it, there will be an additional charge.
Vector vs. raster - I am much more likely to give away a raster file than a vector. I charge approximately 5X more for a vector file than a raster. So if someone asked for a copy of their logo, I try to determine the intended use and provide them with a raster file to the needed specs.
I could go on and on, but if you need any specific advice, private mail me.
In my decades in the biz, I never give clients my originals. I developed a “boilerplate” set of policies called “How I Work” that are printed in small gray type on the back of a purchase order; and every job gets a purchase order and/or a change order if requirements change in midstream. They are very helpful whenever an issue comes up.
Exactly - as a freelancer/independent contractor hired for a shoot (and not an employee placed on someone’s payroll) you would retain all copyrights to your work unless stated otherwise in a contract.
I agree with the others who say it’s a “work for hire.” Give him the source file. If you’re just starting out, having a mad client is not good. The only way to build a business is on word of mouth and good references. He’ll find out that you’re the best person to be using that file anyway, and will come back seeking your services.
He’s a politician, so it’s part of his nature to put you in this awkward position. Just happily give it to him and chalk it up to a learning experience. Perhaps you’ll receive more business because of it. Just definitely don’t add any malware to the file.
I do manufacturing and engineering. Unless specifically agreed to I don’t give original 3D information to clients. I’ve been ripped off too many times. They will get what we call a “DUMB solid” which is like a PDF of JPEG. And I rarely do work for “friends.” It always leads to trouble unless you know absolutely you’re going to be paid with cash.
I would venture a guess that this person grumbled on the price away from you because, after all, “It’s only a picture. How hard can it be” I have seen that when someone comes in to my shop and says “Why did that cost so much, it’s just a piece of metal with some holes in it (that only needs to be held to 5 decimal point precision at 68f degrees).
With the friend wanting the original file it sounds like he /she already bought the software and will do everything on his own in the future. I don’t know the person but chances are you won’t get any more work anyway so you may as well give him / her the original file and leave on a good note. I have had clients who thought they would do what I do and come back because they can’t do what I make look easy.
Good luck. You can’t beat self employment.
IMHO:
>>>>” I do not feel like having my work, which was a product of my training and in which I take pride, changed from what would be considered good graphic design by my instructors to a nonprofessional mess by these people.”
Wrong attitude for a professional. It’s not a work of art with your name on it. It’s not a copyrighted piece that you own the rights to. They bought it, they can do what they want with it.
As for giving them the file:
You’ve already delivered what you were paid for.
Something more delivered would cost additional. What he’s looking for is to save money having someone else re-doing it or making changes.
Put a price on the file equal to what you would happy to sell it for and let the client decide if it’s worth it to buy the file or hire someone else to reproduce it.
I’ve been in the graphics field for over 25 years, and will say that you’re going to generate some ill will with your first professional reference if you don’t provide him with the InDesign file. You don’t owe him your working files unless specified in the quote, but he feels he paid you to produce it and that it’s his for the asking. Give it to him, I strongly suggest. If they make a mess of it, somebody will point that out and you will look all the better at some point down the road.
PDF files can be edited in Illustrator.
Copyright law says you own it. Payment is not the basis of ownership. Read the copyright law. It is written in plain English.
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