copyright talk...

[matt_lorenzi]

Some of you will no doubt have more experience with this than I do.
In terms of illustrations, who holds the rights to the original files?
I imagine this can be negotiated before hand, but what are the best practices for protecting yourself and your creations?

[Stevenwhoward]

I've recently had to deal with this with the new contract work I have as a technical illustrator. The company I work for, and from what I've heard (I could be wrong), most companies will own rights to the native files. It is not necessarily a bad thing as long as you set up a contract outlining that you reserve the right to use the work for self-promotional reasons. If a company does own the native files, they will most likely not allow you to use any of the assets for future projects, but those with more work experience will probably be more suited to respond. But in my opinion, if you want to get work, it is probably better to settle for less rights to your work, but allowing yourself to build up your portfolio and quite possibly your client list. I had to make the decision of either keeping the full rights to my work and losing the job or letting them keep the rights to the native files and having something I can show in my portfolio to promote getting future work.

How about the rest of you? Definitely would love to hear from those who've had way more experiences.

[Don Cheke]

Whenever I work for a client I have never been under the impression that the work was anything but theirs if created for them during that time. This includes the native files (although they never ask for them, usually just the print-ready materials). If I use any graphic elements that I have previously created, which I have done often, then I retain the right to use these elements elsewhere. I have not really found a need to spell this out with my long time clients, but it would probably be wise to spell it out with new clients if deemed necessary.

One thing that I have found is that it really goes without saying that all work done for clients comes under non-disclosure agreements (even if not formally talked about or signed), which means that I don't show their work anywhere unless I ask their permission. Most stuff is for upcoming product campaigns and so forth, so I am sure one would be liable if you disclosed such things.

I do have lots of things I have created over the years for my books, tutorials and just for fun and have renders available. People have often requested to use many of these. In this area I always spell out carefully that I retain all rights and that they are paying for usage rights only, as one does with places like iStock.

I guess I would say that if in doubt, discuss the particulars with your client.

[clint]

With the kind of work I do, which is mostly technical instructions specific to a brands product, I don't bother with any of that. Charge them a fair price and they can have the work and do what they want with it.

I hire photographers for my full time job and I love the guys who just give us the photos and say do what you want with them. Even the high end pros do that. Some of the young guys will try to nit pick us for rights and it get's pretty annoying, especially when you are working with a product with a 1-2 year shelf life anyway.

[matt_lorenzi]

I tend to agree with you Clint. If it something very specific to the client and they have paid me to create it...I say it's theirs.
The most I might ask is that I can use it as a portfolio / marketing piece.

[JamesProvost]

Copyright ownership depends on the client and work situation, but should always be formalized in a contract or letter of agreement. Your compensation should be proportional in some way to the client/employer's usage/benefit of the work.

If you're an employee, your employer usually owns everything you do (in some cases even outside of work hours). You must ask permission to use any work, and often to take on any work "on the side". The premium paid for this is job security.

If you're a freelancer, it's a little more complicated but again should be formalized in a contract.

Periodicals (magazines, newspapers, buyer's guides, etc) and ad agencies usually only need partial copyright. Their usage may be limited by time, circulation/print run, geographical region, medium, etc. The premium here isn't paid by the commissioning client, but through resale to other clients.

Corporate clients (manufacturers, engineers, designers, marketing divisions) and pretty much everyone else will usually want full rights, exclusivity, and sometimes non-disclosure. They'll want to use the image everywhere they can, be the only ones using it, and sometimes prohibit you from using it. A premium should be paid since they're getting so much mileage out of it, you can't resell it, and you can't show it to prospective clients to get more work.

And when I say "premium" here, I just mean you should be working something into your compensation so that what you get from the client is in some way proportionate to what they get from you. You shouldn't separate it out on an invoice, just consider it when setting your prices.

The Graphic Artists Guild Handbook covers all of this in much more detail.

[matt_lorenzi]

Just revisited this thread as it has come up with a perspective client I am meeting with tomorrow. I like what James put in about building in a bit of a premium if fully giving up rights to the work. That said, the work will likely be quite specific to the client's product that there is little chance of me re-purposing any of it.