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  • permission with work

    #1
    I know you all aren't lawyers and thats fine, i figure it wouldnt exactly take a lawyer to know the answer to this.

    in my contract it states that all ownership of work prior to receipt of final payment belongs to me. then after final payment is received the client owns the work in regards to the project brief only. full ownership on their parts includes extra payment.

    with that being said, do i have permission to post the work i did for them to an online portfolio with out first receiving the okay from the client? or do i need to still ask their permission?

  • #2
    Unless there is an NDA, I always reserve the right to use client work in my portfolio. I don't ask permission, but I might let them know if I'm friendly with them.

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    • #3
      I include a line in the contract that reads...

      The designer reserves the right to use any produced artwork in an online or printed portfolio, unless otherwise specifically requested to not do so by the client
      This was suggested by a fellow graphics designer, but I don't know how legally binding it is. I just know I have mentioned doing so to clients, "Hey i put that in my online porfolio. Have a look. It looks really sharp there next to the others." They are usually quite proud to have it there. Some may think of it as free advertisement.

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      • #4
        I do the same as skribe, except I don't include the part "...unless otherwise specifically requested to not do so by the client". It just says I have the right to use it. If they sign the contract, I have a right to use it. If they don't want me using their work in my portfolio, I come up with a new contract that says I can't use the work, which is then signed.

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        • #5
          As usual with this question I have to note, be careful about the imagery licenses in your finished piece. I just had another acquaintance nabbed by Getty for posting a picture of their designed project online. While they paid for the rights to use Getty's image in the project, they didn't pay for online display. And received a bill.
          The major image companies seem to be tied in with TinEye or a similar service. Don't bet they won't catch little old you.

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          • #6
            I suppose that might be why photographing printed pieces is starting to become the norm.

            I find it an interesting practice; C&Ding what are/were most likely repeat clients.

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            • #7
              thanks all. i'll have to go back in and add that line to my contract. i dont know if i would want to have to write up a whole different contract just if they say now. itd be easier just to have them say no i cant do that. course like skribe said, most of the people ive talked to have been completely fine with it. couple people even told me "yea i dont care you designed it..."

              or maybe i could create a separate form directed solely to that. ill think of something.

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              • #8
                Originally posted by infinity View Post
                thanks all. i'll have to go back in and add that line to my contract. i dont know if i would want to have to write up a whole different contract just if they say now. itd be easier just to have them say no i cant do that. course like skribe said, most of the people ive talked to have been completely fine with it. couple people even told me "yea i dont care you designed it..."

                or maybe i could create a separate form directed solely to that. ill think of something.
                I would say something along the lines of:

                The designer reserves the right to use any produced artwork in an online and/or printed portfolio of their work. In the event that client does not wish to have this project included in an online portfolio, notice must be given in writing and signed by both parties prior to the completion of this project.

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                • #9
                  Originally posted by PrintDriver View Post
                  As usual with this question I have to note, be careful about the imagery licenses in your finished piece. I just had another acquaintance nabbed by Getty for posting a picture of their designed project online. While they paid for the rights to use Getty's image in the project, they didn't pay for online display. And received a bill.
                  The major image companies seem to be tied in with TinEye or a similar service. Don't bet they won't catch little old you.
                  I pretty much refuse to use anything from Getty or any of the other stock photo sites they have gobbled up, because of how they love to litigate before they even fully investigate. I am all for them protecting their photographers, but what they do goes way beyond that in my opinion, and in many cases is just simple extortion.

                  Don't know if you caught wind of it or not, but Getty just recently changed hands. In the article about it on CNN Money, Eliot Merrill says,
                  "...But the company has a very sophisticated image recognition system that helps it find when images are being used without its authority. But unlike with music, Getty is not in the business of suing those who violate. It tries to work with them to become customers."
                  http://finance.fortune.cnn.com/2012/...carlyle-getty/
                  Last edited by skribe; 11-16-2012, 08:51 PM.

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