[thelist] Help with Contracts Continued

A. Erickson amanda at gawow.com
Mon Dec 3 16:06:19 CST 2001


> Thank you everyone for your help, I have a few more 
> questions. 1.When writing a contract, which I will have to do 
> because I cant afford to pay for a lawyer right now, who 
> generally maintains the "rights" to the work.  I would expect 
> a company to want to own their logo, 

1. Depends on who your client is
2. Depends on who you are

Yes, the company will want to own their own logo. However, you should
price that accordingly. Some people will want to price it based on some
perceived market value. If you're a big, bad designer who charges
buttloads for your work and your client is big and bad you could
probably charge a lot more. However, this is probably not the case.
Charge for your work but charge a little more.

Don't forget the costs for creating your logo in a variety of formats
for printing and whatnot.

> but what about web pages 
> and stuff.

I specify in my contracts that the client owns the design. However, that
doesn't mean that they get source files. In fact the only source files I
give are those for features which may have to be updated at a later date
and possibly by someone not myself such as graphical headers or maybe
the about us page has employee photos with a tricky border. They get
these files which contain instructions within them as well as a
styleguide for all the areas of the site that they will need to maintain
(possibly).

I also specify that the design is for their company, specified by name,
and only for the web. I don't want to see my designs appropriated for
brochures or trade booths or whatever. I don't want the company to get
bought out and have some other company sandwiching all their crap into
my design. If they sell the site or want to do printwork with the design
then they are supposed to come back to me. 
 
> 2.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, e.g.. brochures

See above. I specify in the contract that they need my permission. Now,
if you're creating print work for them it all boils down to the source
files in my opinion. Are you creating print work?

I think it's time to buy yourself a copy of the Graphic Artists Guild
Handbook. 

- amanda





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