JaCkinbOx
01-25-2007, 06:48 PM
I've agreed to create a web banner for xx amount of money (two color variations) for an online client, and that is the extent of the agreement.
The issue that is being vented over is a recent correspondence that I've had regarding exactly how much he's entitled to:
Client: I will send the $xx [for a minor graphic on the side I color adjusted for him] this afternoon but i do have a question. I completely forgot to discuss it with you, but can you send the .psd? Let me know.
Me: I would have to say no, because you paid for this particular design. When I'm contracted to do a design, you're in essence paying for that one particular snapshot of my work, and not for a template for all your future design needs. I can be talked into it, at an additional fee. In the future, please try to express your intentions in the initial agreement. My standard hourly rate is a competitive $xx/hr, so you will realize that I am offering my services at a discounted rate based on my expectation to receive more frequent projects from you.
Thanks, [name]. I appreciate your business.
Client: Ok well while i understand what your saying, i am not actually paying for a snap shot of your work I am paying for the work. If you ask a lawyer i'm sure he will tell you that all work you do for me is mine, and actually not yours. While i wasn't planning on using it for a template, actually this came up when i got a message saying i spelled muchalucha (mucha lucha). Many people spell it both ways but it is really "mucha lucha". I simply was going to open it and add a space.
I do like your work and you accepted a very reasonable price, but if we are going to be butting heads on things i will find someone else. Thanks
Me: Not true, [name]. The graphic design community is unanimous on this issue: unless it was contracted, the source files do not belong to you. The images of the models do, yes (at least insofar as the company you're working with is allowing). The edited images of the models do also, yes, but only as part of the image. The edited models actually have more of the background removed from them than is seen in the image, but that isn't what you've paid for. You've paid for what you see, and what you see is what you get. What you've gotten as a flattened image is what you have a right to edit as you will, and I am not entitled to object to that.
If you were to commission me to do a painting for you, that does not give you a right to my paints, my brushes, or whatever else I used. It also does not give you the right to the concept sketches that I make in preparation for that painting. My edited images in Photoshop are no different.
If you know what you're doing in Photoshop, it would not be that difficult to put a space in. The words in the logo in the PSD can't be selected and retyped anyhow, as it originated in a different program and was imported into the PSD as an individual image. If you like, I will fix it for you this time and I won't charge you for it, as an act of good will.
I don't mean to butt heads with you, I'm just letting you know how it is from where I'm coming from. I hope you can see what I mean.
Thanks, [name].
---
And that's the correspondence so far.
The issue that is being vented over is a recent correspondence that I've had regarding exactly how much he's entitled to:
Client: I will send the $xx [for a minor graphic on the side I color adjusted for him] this afternoon but i do have a question. I completely forgot to discuss it with you, but can you send the .psd? Let me know.
Me: I would have to say no, because you paid for this particular design. When I'm contracted to do a design, you're in essence paying for that one particular snapshot of my work, and not for a template for all your future design needs. I can be talked into it, at an additional fee. In the future, please try to express your intentions in the initial agreement. My standard hourly rate is a competitive $xx/hr, so you will realize that I am offering my services at a discounted rate based on my expectation to receive more frequent projects from you.
Thanks, [name]. I appreciate your business.
Client: Ok well while i understand what your saying, i am not actually paying for a snap shot of your work I am paying for the work. If you ask a lawyer i'm sure he will tell you that all work you do for me is mine, and actually not yours. While i wasn't planning on using it for a template, actually this came up when i got a message saying i spelled muchalucha (mucha lucha). Many people spell it both ways but it is really "mucha lucha". I simply was going to open it and add a space.
I do like your work and you accepted a very reasonable price, but if we are going to be butting heads on things i will find someone else. Thanks
Me: Not true, [name]. The graphic design community is unanimous on this issue: unless it was contracted, the source files do not belong to you. The images of the models do, yes (at least insofar as the company you're working with is allowing). The edited images of the models do also, yes, but only as part of the image. The edited models actually have more of the background removed from them than is seen in the image, but that isn't what you've paid for. You've paid for what you see, and what you see is what you get. What you've gotten as a flattened image is what you have a right to edit as you will, and I am not entitled to object to that.
If you were to commission me to do a painting for you, that does not give you a right to my paints, my brushes, or whatever else I used. It also does not give you the right to the concept sketches that I make in preparation for that painting. My edited images in Photoshop are no different.
If you know what you're doing in Photoshop, it would not be that difficult to put a space in. The words in the logo in the PSD can't be selected and retyped anyhow, as it originated in a different program and was imported into the PSD as an individual image. If you like, I will fix it for you this time and I won't charge you for it, as an act of good will.
I don't mean to butt heads with you, I'm just letting you know how it is from where I'm coming from. I hope you can see what I mean.
Thanks, [name].
---
And that's the correspondence so far.