[thelist] Who owns the design?

A. Erickson amanda at gawow.com
Thu Jun 7 11:01:58 CDT 2001

I really don't see anything wrong with that. They haven't diluted your work
in any way, right?

Here's what I have in one of my recent proposals for work which covered site
design, copy writing and logo design, see my notes in brackets.

<tip type="rights" author="a erickson">
AcmeCo retains all rights to the use of their logo in any materials for all
[I delivered several versions so that they could use it everywhere.]

AcmeCo retains all rights to the use of written content (see definition)
created during this project in any media and/or materials for all time.
[This was a decision of the writer that I used.]

AcmeCo retains all rights to the use of their Web site designs in the
capacity of the Internet. Neither the site designs nor significant elements
of the site design shall be used in any other media or presentation without
prior consent of the artist.
[This is so that my designs don't get appropriated into brochures or
tradeshow items for which they were not created nor intended. In this case,
if the client wants brochures or other items based on my designs, they need
to come to me first.]

The artist and sub-contractors retain the right to screenshots, mockups
and/or simple hyper-linking of this site design and/or content for uses of
self-promotion in a portfolio or similar vehicle.
[I put this in every proposal/contract. I would never work with anyone who
wouldn't allow me to put an original item in my portfolio. It makes me feel
at ease to have that spelled out.]

You understand that any work created forAcmeCo is the property of AcmeCo but
cannot be used on any other site or by any other entity of another name
without specific permission from the artist. You agree not to sell this work
and this design to a third party without the specific permission of the
[It might look like this applies in your case but my intent here is to not
allow the client to sell off their design as templates to another company
or, if the company gets purchased, to have my design appropriated with a new
logo, identity and/or copy, etc.]

- amanda

> just got back from a long absence and a client tells me that he has signed
> up with an online directory and purchased 6 pages from them and they will
> copy what I have done for him on the www  to their online
> directory (so now
> he has twice the presence or something).  Im not sure tht Im comfortable
> with that.  Any thoughts on the subject would be appreciated/
> Thanks
> Adrian Fischer

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