[thelist] Intellectual property on source files

Kyle Smeby kyle at a-s-i.com
Thu Jan 25 13:26:31 CST 2001


> True, but you also wouldn't expect Ford to supply you with the machining
> tools or the engineers to add those wheels and spoilers.

They're not giving them a copy of Flash just a source file.  Wouldn't the
machining tools be akin to the app used in this case?  Machines and workers
make the car--Flash and designers/programmers make the movie.

> But again,
> retouching the picture would involve you hiring a new artist or having a go
> yourself - you would not be entitled to the paint and brushes the original
> artist used unless you bought them.

Again, the brushes and paint in this case would represent the
software/hardware in this analogy.  I think this analogy makes more sense if
the client were to buy a print of a painting and then demand the original
painting so they could make modifications and make a "better" print.

> If they want to buy it they can. Of course, there is no substitute for a
> contract that makes all this clear.

Bingo.  Some work I fully expect to be giving source files to the client.
PowerPoint Presentations and any work outsourced from an agency are two
examples.  Otherwise if they want source files that gets put into the
contract and is billed.  If they decide after the fact they want the source
files write up a new bill and contract.

hope this helps,

    kyle





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