Question

Topic: Other

Discussion & Advice: Giving Clients Native Files

Posted by Anonymous on 9/1/2004 at 11:50 AM ET 350 Points
Hi there, as a freelance designer, I often work with/for many people in similar positions as those on this forum. So I would appreciate your insight into this situation from the other side of the fence so to speak.

This has been posted on some graphic design and freelance design forums as well, but I want to be sure to get views from both sides.

I recently acquired a new client. This client I used to know when I was a kid actually, we went to grade school together. Now, he runs his own marketing/ad firm. Anyways, I'm currently working on my second project for him. The first was a small ad for like 50 bucks. This second project is for a website that will have approximately 15-20 pages at the most.

Now, we have both made the mistake on not pulling up a contract. All future projects we have decided, will have contracts in place. So please don't hound me on that! I realize my mistake.

After meeting w/ him yesterday to show him some web design concepts for his client, we got into a friendly, yet heated discussion. He wanted my native photoshop files. Stating that if he had to make a small change, he could just do it easily instead of calling me up. Also stating that he's paying me to do this project, and that should include all files necessary.

Have any of you ever had a client ask for the native photoshop files for a project before? Or, if you are a client, have you ever asked a designer for native files? Whether it be a website interface design concept, an ad, or even a FLASH file. Anything native that shows the creative work?

I wasn't comfortable with giving him these files. This is my work! It's like my trade secrets in there. My secret recipes! So we argued this for some time. He feels that he is paying me and so deserves to get all files associated with the project, and of course I disagreed with him. I feel that I own the copyright on this work. I said, you are paying me to design the website, and to sign off on one design. The design you sign off with is yours, and you may keep a flattened JPEG of the design. Again, I will be doing all the work here. He may do some moderate stuff in dreamweaver, but for the most part, it's all me.

I realize that I can protect myself in a contract. Although it may be hard for me to negotiate a contract if he wants those layered photoshop files. If my client wants them, I feel he should be charged extra. I also mentioned to him, that if he wasn't contracting me out - if I was an employee of his firm, then it would be a different story, he would own the rights to my work in that case - I think...but since I am a freelancer, the work is mine.

What are all your thoughts on this? Does anyone have any documents or articles that would support either side? Is this something that could go back and forth? Am I wrong? Is he? Please, lets discuss!

Thanks!

Valerie
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RESPONSES

  • Posted by Chris Blackman on 9/2/2004 at 4:34 AM Accepted
    My view: You own the design; the client is buying the rights to use it. Not to alter or modify it. Not to have the "recipe" so they can make infinite adjustments and tweaks to it. So they should only get the object files in whatever format they need them for the originally specified usage.

    If they are desperate for native code/files, better to negotiate rather than spoil the relationship.

    If they want native files for the designs they rejected, you should be getting paid for every extra thing you supply.

    Consequences are a terrific learning tool, aren't they?

    Good luck

    ChrisB
  • Posted by Blaine Wilkerson on 9/2/2004 at 9:01 AM Accepted
    OK. I perform the same work as you. My take on it: I create custom grphics and code for each client, so having the .psd file of a logo or ad doesn't do me any good, nor does it harm me to let them have it. Why? It is for them...they didn't know how to do it in the first place which is why they hired me, and if they paid me to make it for them. I would never recycle a design for an ad, logo or website for use with different clients.

    Neither you nor I invented HTML, JAVA, Perl ,C++, MYSQL, PHP, etc. and we have no right to claim that a certain arrangement of the code belongs to us unless it is a unique utility that is patented, trademarked, etc. as a propietary service/product. I mean, really...who cares if some CEO of an insurance company decides to play around with the logo in hotoshp during his lunch hour? It belongs to him. Like Gary said, it is a business service, not an artistic commission. Speaking of, I am actually commissioned to paint every now and then and I sell my personal paintings online. Who ever writes me a check, owns it. They can't say THEY painted it, but they own every inch and can scribble on it with markers or try to paint a million just like it. I don't care. Whay? Because again, if they knew how to do it, they wouldn't need me to begin with.

    I kinda see your point, but I don' understand why you are so protective of the native files....EXCEPT for your statement regarding drafts not selected for the project (i.e. you create 5 different ads, he picks one, then requests the source files for ALL of the samples...NO WAY..I'm with you on that....but give him the natives on the ad he picked...why not?).

    I hope you guys work it out.

    Oh yeah, you really should get a contract first. Shame on you. lol..
  • Posted by SRyan ;] on 9/2/2004 at 12:03 PM Accepted
    Valerie, when we hired an agency to [re]design BirdNest's logo, they adamantly refused to give us the native files. Then they went out of business.

    Since then, we've had to "bastardize" our logo digitally when tweaking it for web and print uses. Makes me crazy. I will never do business with an agency or designer again unless they agree to provide the source images!!

    Shelley
  • Posted by SRyan ;] on 9/2/2004 at 12:59 PM Member
    Valerie, my friend, it's obvious from this thread that you aren't inflexible... if you WERE, you wouldn't have bothered posting the question in the first place!

    Maybe I'll hire you to reproduce our logo sometime...

    Shelley ;]
  • Posted by mgoodman on 9/4/2004 at 9:45 PM Accepted
    I'm a marketing strategy consultant, and I recently was asked by a client to oversee a logo design and website template design project.

    I subcontracted the design elements (as I am design challenged), but recognized that I'd probably need to tweak whatever I got at some point. I didn't have a formal contract with the designer, but I asked before the project began whether I would get the .psd files or not. They said I'd get them if I wanted them ... and that was after we agreed on a price.

    I don't think I'd have selected a designer who would not give me the native files. If I've paid for them, I feel they should be mine. I'd sure hate to think the designer would use them for another client after they are sold to me. And if I want to change them, that's my problem.

    Now, if this is just concept work, it would be different. The CONCEPTS are the deliverable, not the images and artwork. I think it makes a big difference what it is you're selling and delivering (or buying).

    Interesting dilemma, of course. As a consultant, I deliver a strategy or a plan to my clients. If they wanted my notes too, I'd probably balk ... or I'd charge extra.

    Of course, as you noted, having a written agreement up-front solves the problem. Older and wiser, eh?
  • Posted on 9/7/2004 at 2:18 PM Accepted
    The answer to this is bound up with your ethics.

    Your creative capabilities are your stock in trade. Just as with the work of any skilled craftsman, your client purchases the end product, not the knowledge or skills.

    It is entirely up to you to define your business operating criteria before beginning the work. For reference, you can find working contracts and contract advice at: https://www.gag.org/contracts/contracts.html

    I've worked both sides of this fence for years, and can tell you that: 1) I always let clients know that I own the work (native) files for creative work, but that they can be purchased for a substantial additional fee; 2) I always tell creatives working for me that I will pay extra for native files (and all rights) if I believe they may be required in the future.

    For what it's worth, I've lost some business over the years over my adherence to these standards. And I've never regretted it.
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