Is this standard practice?

[morganlh85]

This happened to me over a year ago, but I was wondering what you pros thought about the situation.

A few years back I made a logo for this company, let's call it JohnInc. It wasn't my best work or anything, just some text and the ever-too-common swoop. I got $100 for it then. I also made a simple letterhead and business card design for them. I was a beginner and didn't know much so I didn't charge a lot. Anyway, about a year later John emails and says he is getting a new logo designed by another company, which was fine with me, but then he told me that the new designer says I have to remove the former logo from my website, portfolio, etc., and hand over the source files to the new designer. I thought this was ridiculous, but since I wasn't particularly attached to the boring logo I had made I just did it. Currently I still use the logo in my portfolio however. I told him then that I thought this was fishy, but I complied. Does anyone else do this?

[morganlh85]

Oh, and then they had the nerve to give JohnInc. a really ugly logo, even uglier than my dumb swoosh thing...

[Ryan8720]

Doesn't sound right to me, but I'm no expert...

I would think it is up to JohnInc. to decide if you can still use it in your portfolio.

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[Drorain]

if there is no contract then you can use it for self promo

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[D-Frag]

exactly, no contract= no owning of logo. but logos can get very tricky, as you are 'Branding' a company, you are basically selling them the piece....but....yes there is a but, you should always always always, be able to use your work for self promotion, you made it, it is your idea, it came from your skull.....no matter how much anyone pays you (there are certain contracts that you would have to do this with, say government and really BIG companies) it is still yours to show. if you really wanted it back to use on your website I don't see anything wrong with that at all.....but then again im not a copyright attorney so I don't know the exact specifics of each case.


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[Drorain]

Check out the Graphic Artist Guild Handbook for ethical Guidlines, it covers contracts and such I will look in my copy at some point and let you know

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[morganlh85]

thanks guys

Use it and never ever listen to another designer that tells you, that you can't use your own designs. WTF?

Also if there was no contract you own all the rights. All of them. All of them. ALL OF THEM!!!

Even if you sign the contract over you can still use it for self promotion like D-Frag said. This is a National law. To bad it it's Global.

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[exoboy]

I agree. I use logos for companies htat I no longer deal with and who may not be thrilled with my using it. But I have explained to them that I am showing off my skills, not their copmany. It is a 'fair and reasonable' use. They cannot sue me, because I am not syaing that I am affiliated with this company or that they endorse my ability. All I am saying to prospective clients is: 'Look at the stuff I did a while ago, if you like these, I am sure I can do something good for you.'

If they see your site and kick up a stink, tell them that since you are not using it for a commercial purpose, only as an example of past work, they can claim no loss from it.

The only people that would say anything are clients that had a bad experience and want to turn the screw on you one last time.

I had a client scream at me on the phone once that unless I turned over the art files he was going to sue me. I calmly replied that as soon I received payment, he would get the files, but that the files were not his to demand. I owned the right to the art and the files used to create them. He was only paying for the rights to use the imagery, not the physical files.

It is a tricky fine-line. Just remember that you are creating something unique and so have rights as well.

If you pay a band to perform, does that mean you own their instruments? Or their playlist?

[3howards]

it all depends on what type of contract you had setup ... there was a contract, right?

[Fusiondesigner]

Tell the designer to take a hike! and the company. You own all rights to your work, unless you gave explicit consent and handed over the rights via a legal contract.

The reason for this is; if it came to court a proper contract drawn up by an attorney who specialises in IPR and the like will either clear you or not. Depends on the case were you on a work made for hire agreement? Did any contracts change hands? You can tell them to take the logo down then.http://graphicdesignforum.com/emoticons/hop.gif

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