Question

Topic: Branding

Project Design Being Used On Other Things

Posted by Anonymous on 6/7/2010 at 10:43 AM ET 125 Points
Hello all,

I am a graphic designer who has been faced with a this question a few times, and I was wondering if anyone has come up with an effective way to solve this problem:

We have been hired by an outside source to design some advertising for a specific purpose, the client has asked for the project files so that they can use it for advertising in media other than what the ad was intended for (they want to print it and use it as flyer's)

It is obvious that the client does not understand that they should be charged for using the design in other media, and technically we have been contracted by another company to do the design. Does anyone have any advice as to how to handle this situation or even how to respond when your own client asks for the files to use in other media?

I have found that generally there is a lack of understanding on the client side when it comes to how handing over files effects our (the designers) bottom line in both time and money lost. I feel like there should be some sort of compensation if we are to fulfill this request but I am unsure as to how or what the proper method would be.

Your advice would be greatly appreciated!

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RESPONSES

  • Posted by Chris Blackman on 6/7/2010 at 10:47 AM Member
    What does your engagement agreement with the client say about the ownership and copyright in the files you develop when you produce designs for them?

    In which jurisdiction is this taking place? (Country, City/State)?
  • Posted by Chris Blackman on 6/7/2010 at 10:48 AM Member
    What does your engagement agreement with the client say about the ownership and copyright in the files you develop when you produce designs for them?

    In which jurisdiction is this taking place? (Country, City/State)?
  • Posted by Gail@PUBLISIDE on 6/7/2010 at 10:50 AM Member
    You will want to spell out usage for art prior to the start of work from here-on.

    Without that benefit now, share as much with the client and say he/she purchased a limited use service.

    Before the next person hires you, have details in writing and explain it before work begins.
  • Posted by Markitek on 6/7/2010 at 11:23 AM Accepted
    Generally, contracts should spell out scope of use of the work product and delineate ownerships (e.g., you own source files).

    I'd recommend you look at https://www.amazon.com/Graphic-Artists-Guild-Handbook-Guidelines/dp/0932102... if you haven't already.

    Since you didn't spell it out, even though it's generally accepted practice, you'll have to explain the situation and deal with the pushback if any, or make it easy and just give it to them. If the issue at hand is simply reprinting an ad to serve as a handout, I don't think it's worth the hassle--just give it to them and then find the language to revise your agreement.
  • Posted by Markitek on 6/7/2010 at 12:24 PM Member
    If your client made the promise to their client . . . and you made the situation clear to your client . . . then this dispute is between your client and their client, and you get to go take a nap until they figure it out.

    Remember not to award me points twice, don't let the moderator just dole them out unfair to others
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