Urgent Question :)

[elektra]

Hi all,

Hopefully I'm posting in the right section lol.. I've seen some of the answers in this forum so I know I'll get some help (hopefully).

I just want to know something. I have a business where I design everything from jewellery to paintings, all on my own. However, I also want to do certain canvas art where I create digital images and use them on the canvas, but one skill I will admit I do not have is the actual graphic design of creating the images I want (I can do basic things, but not most of the images I have in my head that I want to create).

So I have a graphic designer I want to use, but I am wondering how (there is lots of information on graphic designers protecting themselves, but not the other way around) I would protect my work if I am telling them my ideas and getting them to turn it into the image I have in my head, how I protect my work in case they try to turn around and claim it as their own?

ANY info would be MUCH appreciated. I want to get started right away because I have so many ideas, but as with anything else, will proceed with caution and want to ensure I do it right Thanks so much!

[Yossarian]

Hi Elektra, welcome to the forum. We ask all new members to review these important threads, blah, blah, blah, get settled in....and etc. One of these days I'll finally get that typed up somewhere handy so that I can just copy and paste it.

Anyway what you're after is a non-disclosure agreement. There are probably some boilerplate ones out there, but if you're really serious you'll have a lawyer draw one up. The other thing is, if you deal with someone legitimate and established vs a fly-by-night craigslister, you'll be that much better off.

[Buda]

Hi Elektra, either you can make a contract or request a contract from the designer and request a section in there about copyright and that the concepts belong to you.

The reason why most contracts are aimed at protecting designers, is because it's the designer who produces the contract.

[Yossarian]

Now that I reread it again it does sound like it would be part of the copyright section of the usual contract. I was originally reading it like you were sharing out proprietary business ideas.

[<b>]

Originally Posted by elektra

So I have a graphic designer I want to use, but I am wondering how (there is lots of information on graphic designers protecting themselves, but not the other way around) I would protect my work if I am telling them my ideas and getting them to turn it into the image I have in my head, how I protect my work in case they try to turn around and claim it as their own?

Whether a non-disclosure agreement for sharing ideas extending beyond the immediate scope of the project or a paragraph in the contract explicitly stating who owns what, just write down the agreement and both of you sign it. It really doesn't have to be more complicated than that.

As for expecting a graphic designer to bring to life visions that only reside in your mind, well, visions that aren't constrained by the realities of what's practical are often difficult to pull off. It's especially difficult trying to climb into somebody else's head, catch their vision and then implement it the way they would do it if they only could. Those sorts of expectations often set the stage for a failed project.

I don't know what you have in mind, but it's often best to look for a designer whose portfolio of work roughly matches up with the kind of thing that you like. Then, instead of expecting the designer to match what's in your mind, expect the designer to use his or her own judgment to do what he or she can do best to accomplish your end objectives.

For example, I sometimes have clients come to me asking for, say, a tri-fold brochure or a certain kind of image. When that happens, I'll counter with questions about what the client is really trying to accomplish. As often as not, it will morph, instead, into something else that's more effective once the problem is really broken down and analyzed.

[elektra]

OOH yay answers lol I was hoping I wouldn't have to wait too long. Well the "good" thing is that I want to go through with a good friend of mine for the work he is fantastic and I think it's a lot easier when you have someone on the same wavelength as you, but I have all the ideas I want to create for my business, I simply don't have the graphic art skills right now to create them in an editing program.... I could learn but I have so much going on besides this to do and creating the ideas is the fun part, I don't mind giving the idea to someone to create for me because it's just my ideas coming to life that I want to see and the idea is the real important part.. only one person has my ideas..me. Anyone I offer it to can create it pretty much how I'm thinking.. I'm planning to use sketches and talking to let them know what I want and know exactly what I want, so really don't want to say, leave it up to them to create it because I have the exact ideas of what I want in my head... it would be pretty awesome to be able to do it myself but I simply don't have those skills as of yet lol.... maybe it's worth it to learn but to gain the knowledge of someone with years of experience over me learning on my own in a couple of weeks is ... not particularly smart, even though the images I want are relatively basic..... even though it is my friend though I even more want to ensure there are no issues which is why I think a contract of sorts is still important ... I literally have each image I want down pat what I want just have never taken time to learn editing programs to know how to do those things that well...

[elektra]

I definitely see what you're saying <b>... which is worrying me when I realize it because I'd think it would be easy to describe to someone what I'm seeing in my head, but especially if you're very particular about it, of course it would be great to do yourself so you can get it just how you want it. Just don't really have the time to learn an editing program but I've learned everything else on my own time but.... oh boo I think I'm not even back to square one, I'm negative squares haha

[elektra]

btw) I just did some research to find an affordable quality graphics program and came across inkscape.. it seems pretty awesome! It's actually not as hard as I thought so I'll try this out.. still not sure if I can match the skills of a pro lol but it does certainly make it easier to express the thoughts you have in your head instead of trying to explain... I'll still take any more info as this is something I'm really serious about and always appreciate helpful advice

[PrintDriver]

The software doesn't make you a designer. And your printers will hate you. Inkscape is not an industry standard software and if you don't know how to work with the Design World beyond your office, there is a lot you can potentially do wrong with said software, whether it's $2000 for Adobe products or Free like Inkscape.

Design requires theory beyond the software.
Publishing, in any media whether it's web, print, or mobile requires understanding the fundamental limitations of design in each media.

As for hiring friends, that is the MOST important relationship in which to use a contract. You need something to avoid any type of misunderstanding if you want that friendship to last.

Designers don't always draw up the contracts. In fact, it's probably pretty much 50/50 depending on what kind of work you do as a designer. In my industry, it's more like 90/10 with the client always providing the terms and the designer agreeing to them or not getting the work (though some things are open to discussion).

And there is nothing keeping a client from drawing up an NDA contract in response to a designer's contract. No big deal.

[elektra]

But to learn you start somewhere, right? This is my first time actually even trying any type of graphic editing program, literally beyond Paint lol... it would be a lot easier to do it myself since it would be hard to explain to someone the image that's in your mind...I'm only creating images to go on canvas art for now, which can be any photograph or image... so you think this program wouldn't even work for that?