Nope.
Unless you signed a contract specifying otherwise.
Give him a Jpeg and be done with it.
Did you have a contract for the work you did? That kind of stuff is normally put into the contract. I do a lot of work for the military and our contracts specifically say that the military owns the rights and source materials that we produce.
If you contracted for the paper copies of the flyers alone, you aren’t obligated to provide your source files unless it’s specifically stipulated in your contract for service.
This can get really tricky. It depends on who owns the rights to the original photos that you used. It is also dependent on the specific language in the contract and your state and local laws.
“Do I owe him my original ID file? I don’t think I do. “
It’s a tough question, esp. since you said the client is 1.) your first client, and 2.) sort of a friend.
It really boils down to whether you expect more work from this “friend” and/or future referrals from this “friend”.
If none of the above for sure, then you could say “Sorry, I nuked it after you signed off on the work” or you could say “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.”
give him a copy right .jpg
If they want the original file, I always expect them to pay for it.
This is why as an independent contractor, you always need a contract. Even if it’s just one page, it will clearly define what they are paying for and can expect. In most real-world design transactions, the client will pay for all related materials produced in the process, and this is usually factored into the price and listed as a line item in the contract/statement of work you both sign.
If it’s weeks later, clearly this guy was not expecting everything to be turned over, and only thought of it after the fact, so this is a mistake on both your part and that of your client.
If you’d like to do more business with them, I’d suggest you swallow your pride and give it away this time, and learn from the mistake. You should get used to turning over all of your ID/PS files, with the layers and vectors, etc... intact, as most (professional) clients will expect to have it so they can, in fact, besmirch your masterpiece.
If you do give it away, also let them know (humbly) that you’re being generous, as the terms of turning over the materials weren’t discussed in the oral agreement, and if you guys do any more work together in the future, you’re going to expect additional payment if you’re turning over everything.
Good luck!
Just remember to save the ungrouped objects under a different name and only give the new file. This way your client can't really change the file and the kind of friend won't get totally disgusted.. That's another option.
Never give anyone your original work. That is yours unless he pays you for it and you want to sell it.
The good news is that you automatically own the rights to your designs under U.S. copyright law.
The only exceptions are a) you’re working as an actual employee (not a freelancer) for someone in which case that person or company usually owns the rights or b) you have a contract specifically stating that you’re transferring the rights. Otherwise he only has the implied right to use or print the work as is.
The bad news is that you now have to decide if it is worth damaging your friendship over.
Good luck!
If you want a legal answer, hire a lawyer. If you want a practical answer:
Give him a copy of the file, and be more careful with your agreements in the future.
If you tell him to pound sand, he’ll likely badmouth you to other potential clients. Perhaps along the lines (if you are lucky) “I don’t want to go into details. He did nice work, but he’s not someone I’d feel comfortable doing business with in the future.’ or even ‘I did business with him once. I won’t make that mistake again. Proceed at your own risk’.
Not a good way to start out with your business.
I think I would just explain to him that if it is not up to professional standards, it would hurt you professionally to be associated with it. If he is a friend, he’ll understand that and not pressure you to give him the original file. Otherwise, he is not your friend, just an unscrupulous business associate, and you owe him nothing more.
Put some meta data in the ID file that contains some info you might construe as being sensitive (your address, etc) and then tell him you would like to share it with him, but it contains proprietary information.
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.
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.
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.
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.