Story: Border of Usage Right

‘Could you send an original file?’, a client often asked me. I guess many designers have the same problem. How should we deal that? In the beginning, I handed over the original files to a client. I knew that a client has to change some information in the future. I accept that. However, a client sometimes uses the data to the other opportunities. I could not agree with it. Because I estimated a fee based on a project, print size, pieces, influence and so on. If a client reuses a data to other projects, how do I include it? It’s impossible to estimate include it. I searched it on Google. I found information in AIGA (American Institute of Graphic Arts).

Research: AIGA

Excerpt:
– As a freelancer, you own a copyright in your work.
– You can decide what kind of usage rights to give to your client.
– When you are talking to a potential client about his project, that is when you can find out what kind of usage rights will be appropriate.
– Your arrangement with the client determines usage rights, even if they aren’t spelled out.
– As a general rule of contract law, oral agreements are enforceable. There are some exceptions, however. As noted above, under copyright law, you cannot have an oral agreement to assign your copyrights.

Opinion: I don’t hand over source files

If it’s logo project, of course, I hand out the data, Ai, PDF, JPG, PNG with style guide, to a client. However, I won’t do it for other projects, business card, flyer, poster, leaflet, and brochure. After all, I cannot include future use an estimate at the beginning. I heard the project fee will be 3 times higher than before. I honestly don’t want to overcharge to a client for the original file. Deliver prints which we agree at the kick-off meeting is good for me.

Hence, I explain about file usage before a project starts. There is a mention about it on an estimate. I’ve also prepared a contract. However, I don’t require a sign to a client. I feel that it’s a little over pressure. In Canada and the United States, a contract is common. An agency asks 25 – 50% fee to client beforehand. I have to adjust to the local culture.

Result: Lost a few clients, but I won’t repeat it

I received some condemnation emails. I responded to them politely and reflected the past process. I didn’t explain clearly. I didn’t make a contract about usage right. Hence, their assertion was not wrong. I may be going to lose if they appeal. I just couldn’t compromise.

Recap: What did I learn?

1. You don’t have to pass an original file to a client.
2. Clearly explain about usage right before a project starts.
3. You can increase a fee with an optional estimate which is included in an original file.

Reference:

AIGA LA: Does A Designer Have to Turn Over Source Files When A Client Asks For Them?
AIGA SF: Legalities 33 – Do you have to give your freelance client your digital files?