Comments on: Copyright Transfer of Rights and Buyout Price

By: Zenerx

Zenerx — Thu, 16 Jul 2009 12:51:08 +0000

When doing a large amount of freelance work for a company, I’ve always had to sign an agreement transferring copyright. Now I understand why they insist on this. Good article.

By: Ian (Rakeback provider)

Ian (Rakeback provider) — Mon, 08 Jun 2009 01:01:28 +0000

Thanks for this information Jean. I just stumbled upon this page after searching on google about a similar copyright issue I had with a startup I did some development work for.

By: Steve Beam

Steve Beam — Mon, 01 Jun 2009 18:01:20 +0000

Tricky-However I was on the other side. The developer went out of business and I was left with no site. When I finally found them they told me that to get the site sent to another developer I was going to need to dish up $4,750.00. Four years worth of information and a brand were lost in a day.

They said they owned it and basically I was SOL.

By: Jean Perwin

Jean Perwin — Thu, 21 May 2009 20:07:39 +0000

I don’t have a problem with designers transferring copyright rights to clients as long as they get paid for them. One way to educate clients about your rights is to offer two prices for the work–one for limited rights and one for full buyout. If you begin the discussion about the use of the work and whether the client would need all the rights before an agreement is signed instead of it becoming an issue later, it helps. If you are going to transfer all the rights, the price for the work should be higher. Cyd may be right that as a practical matter it’s hard to do, but the more educated clients are, the more designers will get paid what they’re worth.

By: Cyd

Cyd — Thu, 21 May 2009 19:48:03 +0000

All true and good information.

Unfortunately, in all my years, I’ve rarely come across a client who didn’t require right up front that all the copyrights would be transferred to them. And the few who don’t, become outraged and cry deceptive practices when they find out. It’s in my contract, but if I mention it or the client reads it, they simply won’t agree to my retaining the copyright, since almost anywhere else they go, they would get the copyrights. And I hate to admit it, but for the most part, that’s true.

It’s a vexing problem, but it’s a compromise between getting any work and getting paid what you’re worth. Especially as a new designer. I imagine the big guns can get away with it (and I mean really big), but it’s a bit of a mess at this level.

By: Jean Perwin

Jean Perwin — Wed, 06 May 2009 15:06:13 +0000

I’m afraid that Randall is going to create more confusion with his post. If a client pays you for work, it is NOT work for hire unless there’s an agreement IN WRITING that makes it work for hire. Simply paying for work does not make it work for hire. The only rights acquired are the right to use it for the purpose it was created. The creator retains the rights and does not have to turn over source files unless they agreed to or unless they get paid for them. Designers need to make it clear at the beginning to clients that they will not have access to digital files unless the pay for them. Many clients (and apparently some designers, too) believe what Randall says–that if they pay for it they own it. Legally, they don’t.

By: Randall Cajthaml

Randall Cajthaml — Tue, 05 May 2009 23:57:53 +0000

I have been in the same situation. I am not a lawyer, but I would like to address some of the other comments so that there is no confusion. If a client pays you for the work then it is a work-for-hire and they technically own the artwork/copyright. Which means that you must relinquish any source files to them or someone that is requesting it on their behalf. However, as Jean mentioned above, since Thomas was never paid (in full) then he still owns the copyright and does not have to hand over the source files until proper/fair compensation is received.

By: cs4tutorials.com

cs4tutorials.com — Sun, 03 May 2009 07:58:59 +0000

This is great advice! I have always been unsure of if I, as a freelance designer, were obligated or not to give company source files.

Thanks.

By: Wes Upchurch - A PR Guy

Wes Upchurch - A PR Guy — Fri, 20 Mar 2009 17:31:57 +0000

This is excellent advice. Companies often assume they automatically own copyright to contract work, when they often don’t. The creator of the work does.