RE: FN-FORUM Raw Files Property.

date posted 1st March 2001 09:11

I think your approach is reasonable - but there are, I believe, some
generally accepted rules which software contracts follow (and site designs
should be no different):

If its a fixed price contract, then the risk is with the developer - and as
such they retain IPR and copyright unless they specifically relinquish it.

If its a variable price/time and materials (like an on-site contractor) then
the project risks are with the client and they would retain IPR/Copyright.

As a freelancer I work on almost exclusively fixed price basis and with most
small companies I don't use a formal contract because I get to know the
client and build a level of trust that in three years of web development has
never led to an invoice not being paid. Without a contract I hold IPR - but
if a client asks for some originals and they are very specific to their site
I would relinquish them like you Ruth - at the end of the day if they want
to do it themselves and we obstruct them or levvy charges they may just as
well start again! If they are going to DIY then they'll find a way - by
being nice I find sometime (quite) later they come back 'cos there's
something too difficult for tem to DIY!

Paul.




> Hmm, weird one.
>
> I was asked to write a fax just yesterday saying that I relinquished all
> intellectual property rights over some design work I had done for
> a client.
>
> I tend to be of the opinion that unless, as is the case with code, being
> able to reuse the source files in other projects is vitally useful - the
> client should get what they've paid for, i.e. ownership of the graphics.
>
> It's not so obvious why you'd want to re-use graphics in other
> projects, so
> I tend to hand over ownership once they've paid my invoice.
>
> Maybe I'm being naive here - I don't know. Generally, I try to be helpful
> and even show clients how to edit their graphics. I suppose I'm more
> interested in the next client than in doing updates for past projects.
>
> But as I say, perhaps I'm being naive. Opinions anyone?
>
> ruth arnold
> spacehoppa.com
>
> ----- Original Message -----
> From: "Ben Haldenby" [EMAIL REMOVED]
> To: [EMAIL REMOVED]
> Sent: Wednesday, February 28, 2001 5:57 PM
> Subject: Re: FN-FORUM Raw Files Property.
>
>
> > as Chris says, this is basically the graphic equivalent of source code.
> Its
> > all intellectual property at the end of the day and thats what
> we all live
> > and die by.
> > Ideally, this would have been 'nailed down' down in the original
> contract -
> > but as you and I both know Carl, some folk are better at dealing with
> > clients than others ;>
> > Definitely charge them for the artwork, its just a question of
> how much..
> in
> > this case, I'd say: shitloads!
> >
> > Ben
>
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