client releases incomplete files to another designer

chrissy · 02-11-2010, 11:27 PM

I recently got a client that has me printing apparel, and also wanted me to do a photoshoot for her, business cards, and a sell sheet. She had also expressed that she had already paid a programmer to build her a site, but he was encouraging her to give the design part of the job to the graphic design for the website. We then talked about having me do the design for the website as well to have all parts for her company be consistant by having me do them. The programmer also would not loose any money becuase of this, I would just be doing the face design and some info architecture.

So I had a meeting with her to set up all of these things and gave her several "marketing-esque" ideas since I was under the understanding I had the job. I did print one apparel job, she found another photographer friend who would do the pictures for free so I lost that part of the job (after giving her ideas for it). But she still had me star the business card. Now mind you the card is almost near completion but not quite. I sent her he designs 3/4 of the way though, only to find out she has sent those files to the programmer to use in the design of her website. She said to him:

"I’m attaching a copy of our business cards. Can you incorporate this design/and or colors to our site?"

Can she do this even though I do not have a contract? The business cards are not even done yet!! She is giving away my unfinished artwork to another designer to profit off of.

Let me know what you guys think

I'm so sick of bending over backwards for clients, and proposing marketing ideas, only to end up not getting the work.

**garricks** · 02-11-2010, 11:31 PM

Do I understand correctly that you did the work without having a signed contract completed?

Without a properly executed contract she can do what she wants. You've just done work on spec.

chrissy · 02-11-2010, 11:36 PM

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holycow77 · 02-12-2010, 12:09 AM

Chill out!
I don't think this is worth losing sleep over if you're going to get paid for this in the end anyway.

Say the card had been finished and printed and you had been paid, there's nothing wrong with her taking a business card to the web guy and saying "I want the website to reflect the same image as this business card."

Sometimes people do things a bit weird, but if no one's going to die, no laws have been broken and you're not going to lose money, then it's not worth getting worked up over. I know you discussed doing the design of the website yourself, but you just discussed it...

PS. If your clients are scared of a contract, get new clients.

**budafist** · 02-12-2010, 12:14 AM

Client loyalty is a luxury, not a given. Everyone likes to shop around and pick and choose where they get things from. As long as you are being paid for your time, then you are still winning.

You could casually remind her that you can do the other services but maybe she has a good reason not to use you. She owns her brand and she can choose how it's shown. Maybe you don't quite share her vision?

PrintDriver · 02-12-2010, 11:26 AM

Technically you may 'own' the copyright to something the minute you create it. It gets really sticky when someone else supplies you with the information used in your design.
Also it gets sticky if you try to prosecute and you have not registered the design with the copyright office. Hop on over to the Resource forum and check the links posted in the Copyright info sticky. Most people are very surprised how little legal support they actually have without the proper paperwork...

BJMRGTIVR6 · 02-12-2010, 01:07 PM

I think i understand. I can feel the pain but maybe I just see this as a COMPLIMENT.

She likes the design/colors/etc, so much she wants the website to reflect that. She wants a unified look based off the card.

Obsidian86 · 02-12-2010, 01:09 PM

I think, as long as you're getting paid for the work you're doing, you shouldn't worry about it to much. I would understand if she sent your design to another graphic designer, to have them finish it.

If I were in your clients shoes:
I would want things done more quickly, so I would hire more than 1 company/person to do my work.
I would shop around.
I would want my designed products- business cards/ site designs/ fliers/ etc. to be similar for business identity purposes.
And I would not want to have to wait for the business cards to be completely designed or printed before the web designer can begin designing the website.

Cahenz · 03-10-2010, 09:15 PM

Quote:

Originally Posted by chrissy

Let me know what you guys think

I'm so sick of bending over backwards for clients, and proposing marketing ideas, only to end up not getting the work.

What garricks said...why the hell do designers start work without getting a deposit/contract? Why would you do that? You can't trust ANYone. You've got to be the one in charge. The client doesn't run this thing...you do. You can be nice and friendly and professional, but you're the one who's in charge, not them. Keep that in mind. I won't even turn my computer on until I've got cash in my hands, and I tell the client up front "this is how many revisions you get and then YOU PAY MEEEEEEEEE!"

Now, if you get my first point established right off the bat, it's a lot easier to not give a s*** about them sending semi-complete files to web designers or whatever. That stuff is irrelevant. Getting paid at least half, up front...that's what's relevant.

Cre8tivDirector · 03-10-2010, 10:03 PM

Yea - i'm sorry I guess I don't understand why it's so hard for people to get that they NEED to have a contract in place. ALWAYS. No exceptions.