[fwd] RE: [thelist] Help with Contracts Continued

Green Green
Tue Dec 4 15:53:42 CST 2001


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Jeff,

>>>who generally maintains the "rights" to the work.<<<

According to the Graphic Artist Guild Handbook, the *designer* owns the
rights to everything he/she designs (even logos) except for those usage
rights that he/she assigns to the client. In the case of a logo and other
identity materials, it's easier and more "user-friendly" for you to assign
all rights rather than nickel and dime your client for use of their own
identity... but, as was stated before, charge accordingly. My strategy was
to specify (for simplicity's sake) that the client owned all rights to
everything, except that I retained the right to reproduce their materials
for my portfolio. The client (or someone else - not you) owns any and all
copy and other graphics that they supply for their project, so you cannot
own those elements even though they were used in your design.


>>>Is it a normal, in a contract to specify what "company" the client uses
if
they want to reproduce any of the product you give them<<<

No, you should not expect to control who your client selects to reproduce
the items you create. You can, however, emphasize that you have some
preferred vendors who give you good service at fair prices, then offer to
coordinate some of those projects for your client (more $ for you), but be
prepared for them to take their projects wherever they wish and eliminate
you as the "middle man" for that part of the project. Of course, when the
vendor asks the client a question they can't answer, they'll refer that
vendor back to you - so be sure to keep track of and bill for any "project
management time" you spend.

I have a sample contract that I'd be happy to share with you! Email me
offlist with a fax number or something, and I'll send it to you.

Janet Green






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