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Re: Do I still own artwork custom made for clients?
I think if you do not charge them an artwork fee then yes it is your artwork because they didn't pay for it. I am not entirely sure but if I remember correctly when I was asking about this elsewhere that is what I was told I may be wrong though.
Re: Do I still own artwork custom made for clients?
Sounds like something that having a contract with your client can hammer out. It should be just like a song. If you make a song, you always have some rights to that song, regardless of who you sell it to (record company). I don't know if those rights include reproducing the image as you see fit.
Re: Do I still own artwork custom made for clients?
It really does come down to your customer agreement. Many design firms will hold the rights to a graphic and make the customer sign an agreement that they can only use it for a sign or a letterhead or a...etc. OR, they'll charge more and give their customer full rights to use that graphic as they choose, while still retaining the rights to use it for promotional materials.
Re: Do I still own artwork custom made for clients?
I think also it depends on the design itself, does it include a trademarked name? If it is just to advertise what you can do, I would just ask the customer if they mind if you put it in your catalog, if it is to resell than that might be tricky if it includes their trademarked name.
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Always do right; this will gratify some people and astonish the rest. ~~~Mark Twain BobbieLee
Re: Do I still own artwork custom made for clients?
I don't know if you can or not but I don't do it because that customer may find out and ask about it or may just never come back because of you using their logo and they want it to be theirs to be there logo that people get to know and help grow there buisness. and it could grow into a large acctount for you.
Re: Do I still own artwork custom made for clients?
The design belongs to the client for the purposes you designed it for. You can use it in your portfolio as an example of what you can do but you cannot reproduce it for other clients that would defeat the purpose of the client paying you for a unique design.
If the client wants to use that design/artwork on other mediums on a large scale you can obtain a fee. however that really needs to be in your contract and depends on what your arrangement was with your client.
Re: Do I still own artwork custom made for clients?
Sorry but I disagree will some of you. This same thing has been in many courts across the nation. The majority outcome is the image is owned by the creater. The customer pays for your time to create. If your customer wants to own the rights to the logo he can buy it from the creater.
Re: Do I still own artwork custom made for clients?
Quote:
Originally Posted by txscreener
Sorry but I disagree will some of you. This same thing has been in many courts across the nation. The majority outcome is the image is owned by the creater. The customer pays for your time to create. If your customer wants to own the rights to the logo he can buy it from the creater.
If it includes a name that is trademarked by the customer like their company name or something, the creator would not be able to use it due to the customers trademark of the name no matter if the creator made the design around it or not. Unless of course that the creator were to just use to show what he can make and not to make profit off of it. If there is no trademarked name however then they could probably use it.
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Always do right; this will gratify some people and astonish the rest. ~~~Mark Twain BobbieLee
Re: Do I still own artwork custom made for clients?
The only sure way to maintain rights and not end up in court would be to have a written contract specifically stating who has rights of ownership and how the art can be used. Typically the art belongs to the artist, much like photography. If the artist wishes to use his clients image, then he is required to license the rights to use it. If you just want to use the art to promote yourself, usually it's not a problem, but many large corporations forbid it. They have specific guidelines on how and where there trademark can be used.
Re: Do I still own artwork custom made for clients?
Quote:
Originally Posted by scpromos
Typically the art belongs to the artist, much like photography.
I'm not so sure about that. There was a huge debate and lawsuit right after 9/11 where a photographer working for a media company took a picture and tried to use that picture for his own uses but was sued by the company he was working for at the time.
I honestly don't remember how that suit turned out. I don't remember if he maintained the rights to use that photo or if the company he was working for did.
Re: Do I still own artwork custom made for clients?
Typically, when one works for a company in a position that requires them to create intellectual property (creative ideas, inventions, photos, designs) they sign away their right to ownership to the employer as a condition of employment.
So, I can see how a photographer working for a company would night be able to maintain the rights to photographs they take.
This situation in the thread is a little different because the OP would be a service provider, not an employee.
So it goes back to whatever was/can be agreed upon when the work began.
The law says whoever creates the work, owns the rights to it the moment it is created. So the only way to deviate from that, would be to agree in writing to something different. And you are free to agree to whatever you choose.
You can create the work, and sign over all the rights to the customer to use however they see fit, thereby giving them ALL rights to the design and retaining none yourself. In that case you wouldn't even be able to use it in a portfolio without their permission.
Or you could give them rights to use it in only situations that you approve.
There are many possibilities and situations. The main thing is to make it clear who owns what, and for what purposes BEFORE any work is done.
If you do that, there shouldn't be any problems.
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Last edited by Comin'OutSwingin; January 22nd, 2008 at 09:44 AM.
Do I still own artwork custom made for clients? 
