Reply Thread Tools Search this Thread
Old 14-02-2011, 17:09   #1 (permalink)
badaboom
Senior Member
 
Join Date: Sep 2007
Location: Newcastle upon Tyne
Posts: 1,259
would you hand it over?

looks like I’m losing a long standing client. I only really do one project a year for them, but it’s a good earner.

It’s sort of a printed brochure that gets updated an every year, although most of the content changes ,a lot of the elements are just updated.

Now they’re getting someone in-house to do it to save costs and I know they’re going to ask “can we have last years artwork supplied on disc?”. This would make their lives a lot easier and save them loads of time, but am I obliged to hand it over?

My previous employers would always hand it over in this situation, but my instinct is to tell them no — as they’re removing their business from me, why should I help them through the process?

Is there a standard protocol to this, or a copyright issue?
  Reply With Quote
Old 14-02-2011, 17:12   #2 (permalink)
CM_
Something
 
CM_'s Avatar
 
Join Date: Jan 2008
Posts: 13,770
i have just had this today.

cant be fucked to argue: have it but im not fixing anything for you when it goes wrong
__________________
  Reply With Quote
Old 14-02-2011, 17:14   #3 (permalink)
CM_
Something
 
CM_'s Avatar
 
Join Date: Jan 2008
Posts: 13,770
legally i suppsoe this ought to have been written into an agreement over the supply of design services with a little subsection regarding ownership of ssets then it would be a case of pointing ther client to the relevant claus.

in an ideal world

basically i think it comes down to how much you value the client. If you dont mind offending them and potentially losing tell them they cant have it
__________________
  Reply With Quote
Old 14-02-2011, 17:22   #4 (permalink)
rdjpalmer
±
 
rdjpalmer's Avatar
 
Join Date: Jul 2010
Location: Cardiff
Posts: 760
Would the correct thing to do, if you're inclined to say no, is sell them the rights to work?

All depends on the contract you had with them in the first place really.
  Reply With Quote
Old 14-02-2011, 17:22   #5 (permalink)
Anxious
'
 
Anxious's Avatar
 
Join Date: Jun 2007
Posts: 7,154
jpgs of scanned in print outs of jpgs

in black and white
  Reply With Quote
Old 14-02-2011, 17:24   #6 (permalink)
LittleMick
忍者シ&
 
LittleMick's Avatar
 
Join Date: Feb 2010
Location: Busy Brighton
Posts: 6,733
Can you clarify what was stated in your contract, if anything?
__________________
plus ça change, plus c'est la même chose
  Reply With Quote
Old 14-02-2011, 17:26   #7 (permalink)
slate
Senior Member
 
slate's Avatar
 
Join Date: Feb 2010
Posts: 5,554
Outline all the type and hand it over

Because arguing would lead no where I would probably just hand it over. They may refer you more business in the future. You could however charge them a fee for processing and packaging the file for someone else to work on.
  Reply With Quote
Old 14-02-2011, 17:28   #8 (permalink)
CM_
Something
 
CM_'s Avatar
 
Join Date: Jan 2008
Posts: 13,770
Quote:
Originally Posted by bslate
Outline all the type and hand it over

all there gonna do then is email back moaning that they cant edit it. then its more hassle resaving and sending
__________________
  Reply With Quote
Old 14-02-2011, 17:29   #9 (permalink)
badaboom
Senior Member
 
Join Date: Sep 2007
Location: Newcastle upon Tyne
Posts: 1,259
no contact with this client. This is the only work I do for them so if they get someone else to do it then it’ll be the last time I’d deal with them.

I have thought about sending a disc of jpegs, but think telling them a straight no is less childish.

If they’ve payed for what I created on my computer, do they not own it anyway?
  Reply With Quote
Old 14-02-2011, 17:30   #10 (permalink)
Maerk
Doodler.
 
Maerk's Avatar
 
Join Date: Dec 2006
Location: Manchester, UK
Posts: 3,515
You're not obliged unless your contract says you are.

If you're not obliged and this change of working arrangement is going to end your current working relationship with them - at a significant loss of money to you in the future - think of a reasonable amount of money (the amount depends how much you like/want to be nice to the client) and charge them that to hand over the files.

They can either choose to recreate from scratch at a cost in time and internal hassle or just buy it from you.
__________________
Squid

Upload Pie The Simple Image Sharing Tool
  Reply With Quote
Old 14-02-2011, 17:32   #11 (permalink)
Maerk
Doodler.
 
Maerk's Avatar
 
Join Date: Dec 2006
Location: Manchester, UK
Posts: 3,515
Quote:
Originally Posted by badaboom
If they’ve payed for what I created on my computer, do they not own it anyway?
They've paid for print ready artwork, essentially the high res pdfs. Unless they've stipulated they own the editable artwork files I don't think they own them at all.
__________________
Squid

Upload Pie The Simple Image Sharing Tool
  Reply With Quote
Old 14-02-2011, 17:37   #12 (permalink)
funkyprem
For all your goober needs
 
funkyprem's Avatar
 
Join Date: Dec 2004
Location: Coventry, UK
Posts: 1,848
Quote:
Originally Posted by Maerk
They've paid for print ready artwork, essentially the high res pdfs. Unless they've stipulated they own the editable artwork files I don't think they own them at all.
This. They've paid for you to generate the end result. The method you use to get to that end result is irrelevant to the client. If you've used an old letterpress machine to create it, would they be entitled to the press? No.

Give them a disc with the files for a small charge. Renaming the files to .whatever to .fku will really confuse them. Make sure you make it clear that a ridiculous consultancy charge will be made for any assistance needed regarding these files.
__________________
The human race is faced with a cruel choice: work or daytime television.

prem ghinde
  Reply With Quote
Old 14-02-2011, 17:52   #13 (permalink)
badaboom
Senior Member
 
Join Date: Sep 2007
Location: Newcastle upon Tyne
Posts: 1,259
ah, so it’s not a copyright issue then, and I have rightful ownership.

if the in-house lot bollocks this up then they’ll never get it again because if it’s not spot on, or if it’s late, it’ll go straight in a bin and there will not be any re-print. It’s a one day of the year deadline or death scenario.

because of the way I work, by handing over the disc properly they shouldn’t have any problems. Although I could remove a lot of the elements that they wouldn’t know were there, I’m more inclined to say no, and let them start from scratch.
  Reply With Quote
Old 14-02-2011, 17:55   #14 (permalink)
Maerk
Doodler.
 
Maerk's Avatar
 
Join Date: Dec 2006
Location: Manchester, UK
Posts: 3,515
Well I think the call is yours.

But I want to stress this all relies on your contract. Some contracts will sign over the rights to the source files, some won't (most don't).

I'm not advocating being a dick to them for the sake of it incidentally, no point making an enemy in someone, you never know where they might end up in the future.
__________________
Squid

Upload Pie The Simple Image Sharing Tool
  Reply With Quote
Old 14-02-2011, 18:01   #15 (permalink)
slate
Senior Member
 
slate's Avatar
 
Join Date: Feb 2010
Posts: 5,554
If it ever went to a legal battle, I don't know if you would win, even if they are only paying for a print ready file. Without a contract stating that, its their word against yours.

I would be more concerned if they were taking your file to another out sourced designer to work on. But if they want to cut costs by bringing it internal, I'd do the right thing, be nice about it and hope that your good deed pays off in the end.

In the end, ask yourself this - what do I gain by refusing to give up the artwork?

Chances are it will sit untouched on your HD for all eternity and you would have ruined a relationship that took years to create.
  Reply With Quote
Old 14-02-2011, 18:03   #16 (permalink)
Anxious
'
 
Anxious's Avatar
 
Join Date: Jun 2007
Posts: 7,154
I wouldn't make it easy for them. If it's a breeze handing your work to someone else and saving money in the process, they will be inclined to do it again. I say tell them no or if you're required to give them something, definitely don't give them your original files.

You don't walk into debenhams and ask for the pattern to your trousers because you found someone that can make them cheaper elsewhere.
  Reply With Quote
Old 14-02-2011, 18:04   #17 (permalink)
tomson
The in between is mine
 
tomson's Avatar
 
Join Date: May 2003
Location: daarn saarf
Posts: 4,277
I'd just hand it over.

You might run into someone from there in a few years time and be glad you didn't fuck them about. The gene pool aint that big - so try not to mess too many people about.
  Reply With Quote
Old 14-02-2011, 18:05   #18 (permalink)
Klang
Going out West
 
Klang's Avatar
 
Join Date: Jul 2009
Posts: 13,508
Rightful ownership fulls to Badaboom contract or no contract. If I were you Badaboom I'd say yes for a fee, if not, no.
  Reply With Quote
Old 14-02-2011, 18:14   #19 (permalink)
badaboom
Senior Member
 
Join Date: Sep 2007
Location: Newcastle upon Tyne
Posts: 1,259
no contract exists,

client isn’t even local,

there is a slight chance I could get the work again if they cock-up,

without the disc they are more likely to cock-up.
  Reply With Quote
Old 14-02-2011, 18:14   #20 (permalink)
moz
☆!@?$¿ζ☆
 
moz's Avatar
 
Join Date: Sep 2010
Location: 1960's.
Posts: 5,780
Hand over the files, any photoshop files flatten/remove effects adjustment layers, don't hand the fonts over - that's illegal - give them the files and keep it business-like, don't throw a hissy fit.

If they fuck it up they'll know you can handle it and that taking it inhouse was a mistake - you'll get the job back. Throw the hissy fit and they fuck it up, they'll go elsewhere.

You said its a nice earner for what it is, don't burn your bridges (even if you never work with them again) - shit sticks and you never what happens down the line; you may end up dealing with a client and find they've just taken on the person you pissed off.

Business is business - charge for your time to recover everything from archive, burning it to DVD and leave it at that.

Think good karma. What goes around comes around.
__________________
  Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search


Contact Us - Web Design Forums - Archive
vBulletin © 2000-2009 Jelsoft Enterprises Limited.
Search Engine Optimization by vBSEO 3.0.0 RC8