Question about credit/copyright.

I'm not sure this is the right place to ask, but I don't know were elsewhere.

I did a huge design in illustrator for a reason of a zoo, all in vector. The design is almost finished, but need a few finishing touches. My client now has a company that wants to buy his product with my design. The problem is that the company wants to make changes in design, using its own designers, before purchasing the final product. I'm not sure of the amount of changes they want to do, but I think that I can't take credit for the design if it changes a lot.

I'm looking for some advice here. I've been designing for only 2 years and this is one of the biggest projects I had so far, so for me, it's a big deal to add to my portfolio and take credit for it. How other designers go with situations of this kind? Should I charge a fee to give my credit? I am, however, getting paid for the design, but I would really like to take credit for it too, after all this hard work...

Thank you very much for your advice in advance.

I get nothing, just pay for the hours it took at this point... I'm still waiting for me that says something... the design is still in my possession... my client has no right on my design... They do not have the original files...

Now we are getting somewhere.

Well, the verbal agreement was I do all of the design, not only a model, they print it and sell it.

The word of the device (and unfortunate) here is "oral". If you haven't written anything (a signed estimate that clearly defines the work being controlled) - BIG mistake - you have little to stand on. (Technically, oral contracts are binding. «(But he always comes back to WHO, if anyone, can prove what has been agreed orally).» This "customer" can simply bail out on you. But you have the advantage of having the work; and the 'customer' has no right to its use at all.

At this point, I would like to send the 'customer' a letter polite, but brief, to-the-point and commercial showing:

  • What was the original agreement, including the scope of the intended use.
  • That it was not a work-for-hire and that, by the practice standard for the industry, you do not make the copyright to your original illustrations.
  • What it was that nothing stated in the original agreement while allowing a third party to create works derived from the original. (Understand, part of your "immaterial compensation" for a project like this is its presence in the main points of sale.) Substandard alteration by another person effectively reduced your compensation "agree to the '.)
  • If the 'client' now wants out of the agreement, you should be compensated for the work done so far. (Often previously stipulated and is called a cancellation fees, usually 50% of the originally agreed tax, but it may be something appropriate. Conditions of cancellation costs generally indicate that the Group of the cancellation does not rights on the work in progress).

Personally, before or immediately after (depending on how damaged the relationship is already), I would consult my lawyer. This letter carries a lot more weight when sent on the stationery of the firm, and it allows you to stay out of the fray so that you can get with payment for work. If (as I suspect) you don't have a relationship with a law firm, I would tend to that immediately. You may very well end up just by are not paid for this project and keeping the work - live and learn. (We've all been there... "I could tell you stories.) If you do not end up "eating" of it, at least you have a decent piece you already know some of its marketing possibilities - and you even know some of the potential customers to replace the current one, that you could lose in this.

The lessons learned, this should include:

  • The need for a legal link in case you have this need. That is a cost not much. This does not mean that you must pay a charge regular withholding. Find a honest and trust lawyer interested in the treatment of such triviality for you on a basis as needed. Most of these problems are solved with a simple letter "we mean business". Understand, when it comes down to brass tacks, lawyers get an important part of the colony in the framework (if not all) of their fees. Get 2/3 of your scheduled payment is better than nothing, but it is best to avoid such difficulties with the routine and fair trade practices.
  • A basic element of the routine and fair commercial practices is the need for standard business forms. You should have at least a "one-size-fits-all" standard quote on what language simple and direct form sets general conditions about copyright law, cancellation, etc.. You may need several pieces of presentation "boilerplate" prepared in advance for several types of projects, you take several times. If you do not already have a solution, I would advise you to FileMaker Pro (it's affordable, powerful, easy to learn, use and customize the database program). You can use it to build your estimates, invoices, customer base and a lot of other things, including solutions for data-driven projects. FileMaker has become my favorite "graphic program."
  • Don't sign ANYTHING without an agreement.
  • NEVER tolerate non-payment.
  • Projects involving a lot of time may require an agreement with steps; non-refundable additional payments due to the completion of specific "milestones".

JET

Tags: Illustrator

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