chriscrooz
06-02-2005, 10:14 AM
Why is it so important to specify ownership rights and duration of artwork use in a contract with a client? It seems to me that once you actually design the work that the client is actually buying the work in all aspects it's theirs right?
Would appreciate some feedback on this since I'm in the process of creating my "Terms of Agreement" Contract right now and would like to have a clear understanding of this so I can accurately word it. Thanks
Vikia
06-02-2005, 12:13 PM
Actually, if you create the art, you retain all copyrights unless you grant all copyrights to your client in writing. What they purchased is a NON-EXCLUSIVE USEAGE of a design until that time. If you created a logo for the Web, that is what they can use it for. They cannot recreate that logo with a different artist and then put it on their brochure.
This is also important in situations of non-payment. You can demand non-payers to cease and desist using your design.
Say you design a simple logo for a small start-up company...like Microsoft or Nike. And all of the sudden your logo is pancaking everywhere. Maybe that $500 - $1200 design is now worth billions. But say you are Jeff Fisher and you want to retain a copyright to show this logo in your next book, but now Nike wants to charge you a license fee. Aack!!
It is important to retain even partial rights to show your own work in your portfolio, reproducing it if you have to.
If you produce work for an agency and you are their employee, it is important to understand that you do not own that work. It is considered work for hire.
Read more (http://www.ivanhoffman.com/fundamental.html)