graphicpush

There’s no excuse for us not knowing what of our work is protected and how to go about communicating it to clients. I couldn’t have worded it any better (I fact I haven’t). I will now be cutting ans pasting parts of this entry into future contracts instead of the garble I usually write. Thanks.

I love this site. I am thinking in the next 3-6 months to give it a go solo and stuff like this is so valuable and this is the only decent site that deals with this stuff from a real world perpective.

keep up the GREAT work.

Glad I could help. I think there’s a lack of material written from the “in the trenches” perspective and I do my best to fill that hole.

I 100% agree.

Most designers think everything they do is a trade secret. Everything is so hush hush that when you try to find how to do things no one will help because they think there going to lose business.

Thanks for taking a more mature approach to business. :)

One of my first design jobs I spent hours with Photoshop 2.0 path tool to get this scanned logo perfectly crisp, I had drawn the logo with an ink pen, then scanned it in with an old 3-pass flatbed.

I uploaded it to the company webserver, then the owner started playing games with me, for some reason he even came to my apartment and I told him (with his girlfriend right there) that I wouldn’t do business with a liar. They wanted to keep the logo I had done, they hadn’t realized how much time I put into it, they just thought that image had materialized out of nowhere, most people have no idea the # of hours we put into these seemingly simple graphics. I still had access to the server and deleted all my work. The logo was for a limo company, for years I’d see my drawing being used on all the limos in the black windows in shiny silver letters… Ha!

Ahh the memories.

It is worth knowing the laws and wording your contracts right. It is worth having a lawyer write a general contract that you can modify and send out to all of your design clients because the last thing you want is to be screwed over.

I want get a webpage made. Its of my handmake jewerly. Have no idea where to start or how to start, I live in Okla. & know none here who does such. Can u give me any advice. I mint add I know nothing about computer other than email. I have no cd deal, or printer.

This is a very interesting topic. I once did some web design work for a client that I found at http://www.Project4Hire.com and he specifically asked to own the copyright of the work.
I agreed and designed his website.
Later, I designed a similar website for another client and somehow the first client found out and threatened to sue me for creating a website similar to his!!!

I have a client asking for the editable files when I’m done with his website. I don’t mind (that much) giving him the HTML, JPG and GIF files. But I do not want to give up the native Photoshop and Fireworks files. Those require too much skill and time and are unique to my talents. Also, I wanted the right to re-use the navigational elements or structure on other websites. So I edited the Marstar’s Design Contract example above to read:

Until full payment has been made, Contractor retains ownership of all original Website Content or parts contained therein, whether preliminary or final. Upon full payment, Client shall obtain ownership of the final Website Content to include: all text, editable HTML files and all associated JPG and GIF graphic files. Client may use and distribute Website Content as they see fit. Consultant retains the right to use the completed Website Content and any preliminary designs for the purpose of design competitions, marketing materials, and portfolio. Where applicable, Client will be given any necessary credit for usage of the project elements. Consultant retains the right to use similar navigational devices, menus, menu structure or arrangements, icons, and other operational components of the Website on websites other than that of Client’s.

to the above poster, thanks for putting that example text. I’m struggling with this one myself with a current client. This seems reasonable enough!

I am having a little bit of trouble in this area as well. I wrote up a contract based on the about.com version for graphic design. It does state that until final payment is received, I retain the copyright. I need to revise some other areas after reading above.

My current problem is with a client I had done 10 projects for, 9 of which without a deposit, which is also stated in the contract as work will begin once deposit is received. I told him that I would just bill him at the end of the month—to make things easier with Christmas holidays and my traveling. I sent him the designs and he said that the checks were sent, but weeks went by without any money—besides the initial project. After a month and a letter from him saying he wasn’t going to pay anymore, I filed suit in small claims. Now he is claiming that it was work for hire and is countersuing. From what I have read above and the links to copyright.gov he had to have me sign a contract of his own to keep me as work for hire—which he didn’t. My contract was sent to him, but was never signed. I do have email proof that he received it, but somehow it slipped through the cracks without an actual signature. He is also claiming that there were text errors in some of the print material, however, I have emailed confirmation of “no changes—send to print” for each job with the attached final file. He is stating that all emails (or his approval) is fraudulent and that I created these emails in photoshop. I do have all of the emails to/from saved in an mbox and backed up on multiple hard drives to present to the judge.

David, you made a lot of classic mistakes of a newbie.

Why have a contract if you will work without a signature? Why work without a deposit if the contract specifies it is needed? This signals to the con artists out there that you are not business savvy and can be conned.

The good thing is you did save your correspondence, and that signifies that he approved the work which was based on something, even if he denies it.

I recommend getting yourself a copy of Pricing and Ethical Guidelines and using a good solid contract—and really use it.

Good luck with small claims.

I know my mistake was following up on the signed contract; however, I do think he returned one signed and it was misplaced.

One thing that a lot of graphic artists have problems with is when to charge for individual jobs and when to move a client into a ‘‘retainer’‘ type billing period. Eight of the projects were not definite at the time and instead of waiting to quote each small job, it seemed logical to bill once we knew what was to be done, especially since I already received some money from the guy.

I should have gotten another $1000 down as we saw the need for more hours, but I did receive information that the checks were mailed out at the end. I had already dealt with the client previously and I would never do anything with a new client without deposit or start a retainer relationship with someone I haven’t had dealings with.

PS: In my case, the judge didn’t care if there was a signed contract in hand or not and that the client owed me the full amount—especially seeing the amount and quality of the work. I got a ‘‘pat on the back’‘ as to my detailed record keeping. Make sure you keep all incoming and outgoing emails at all times!

I have a question for everyone.
I agreed to develop a project for a client and due to issues that arose personally I have not been able to complete the project and I refunded the money to the client. He is now threatening to sue for more money because he states that he has spent other moeny in prep for the project.
Is this possible?

This is a great resource that should actually be taught in design schools. It is a shame that it is not. I have just had to research spec work and came across your article and then this one. It has helped greatly. Cheers!

Shane-

It doesn’t make sense to sue you. He can still hire someone else and finish the project, regardless of what his own expenses are, right? It’s his liability. not yours. He should be grateful that you refunded the money.

Best thing to do:

hire a lawyer and give him explicit insight how your and your clients role should be fixed within the contract.

Mine is five pages long and covers almost every case possible.

An amazing article. I am in the process of negotiating a web design contract, and having heard the term “work-for-hire” before and read the Graphic Artist Guild’s handbook “Pricing and Ethical Guidelines”, when I saw it in the contract, I was prepared! Though we’re still not done, it’s given me an opportunity to educate my client on what the term means.

I think of it like a home contractor. If you need someone to build you a deck on your home, as a part of contracting him, he will come with tools, insurance, architectural drawings and expertise. Surely, he will never come and take the deck away – it is yours! But he can take pictures and use the design on someone else’s home in the future. If he were using your tools, your architectural plans, maybe even your insurance, then he could be considered work for hire.

Your position is totally unreasonable to the client. Say your client’s competitor rips off his webpage and makes a lot of money. Guess what, your client can’t sue the competitor because he doesn’t own the copyright.

You also don’t let your clients license the work to anyone else. What if your client wants to sell his business? He can’t really sell the website because you own it, not him. Now you are able to skim off the top of any sale of the business. That is not fair at all.

Why do you even want the copyright at all, unless you sell the same thing over and over to different clients? Why would someone shell out good money for that?

i like this article.congrats anyway…

I am looking to create a myspace/facebook type site. All the bells and whistles; IM, webcam, whiteboard, photo and video upload.

ODB i agree with you. What good does the work do if you do not own it..

a clint asked my company to design a range of Tee-shirts. on the contract( which is very simple and brief), he stated that he has the exclusive right to use the t- shirt designs. now i’ve found out that he is using the design of the t-shirt onto caps. my question is:
1) although the designs were specially ordered by the client, but we never sign any work made for hire agreements, so does this mean
we still own the copyright of the design?

2) if we do own the copyright of the designs. the client cant use the design onto other products since on the contract he only stated
that he has the exclusive right to use the t- shirt designs.
is my understanding correct?