One thing that might be throwing everyone off is that alot of
graphic artists consider their works bound by the same copyright
laws as photographers.
When you buy a photograph you don’t own that picture because you
don’t own the Negative, or the expif data, that is associated with
said image. That being said most upstanding digital artists that are
hired to do a job will give you a copyright release if you ask them
for it. Once you recieve that release in writting then they have no
further claim on that Image. Be sure however that the release is not
worded as to give you limited usage. Some artists may try to worded
it so that you can only use the image so many times or for so long so
they can charge you more for another release later.
I am a graphic designer. When a person hires me to design a logo they
own the logo and are given all the files they would need to reproduce
the logo in anyway they want in the future.
This is called “work for hire” and is the standard.
That being said, I would still make a line note on the contract that
you own the artwork (logo) outright and that as part of the
deliverable you want the logo in several formats. Usually Adobe
Illustrator, pdf, and high res.jpg and or Photoshop file.
Also it’s standard to pay a 50% deposit up front for the project,
but you don’t pay the other 50% until you are in possession of all
the final files.
Your designer shouldn’t have a problem with this…it’s SOP.
Hope this helps.
M Squared Graphics
Sandra Wolfe - Designer
Also, I’ve found that universities often post their blank forms,
policies, employee handbooks, and procedures on their web sites.
Unlike for-profit companies, they don’t restrict web access in most
cases. In addition, they usually have in-house attorneys who have
passed judgment on these documents… Of course, copyrights do apply
and there is the “playing with legal fire” warning to consider.
I am in the US and my designer is in South Africa. So how that
becomes applicable to US copyright laws is a whole other issue.
Since both countries are Berne Convention signatories, there
shouldn’t be an issue.
I have no belief that the artist will do me wrong but history tells
me to do the proper steps and protect myself.
Exactly. I can’t think of any reason not to make ownership and
future use of the material explicit, in writing. The artist may
welcome it. As a former developer of custom software, I would not
take on a job which didn’t address ownership, in the contract.
In a nutshell, if your idea is expressed then it comes under
copyright law, and it is the person putting that expression into
tangible form, the creator, who owns the copyright. The creator, if
they choose, can sign away their control of copyright, license it, or
whatever else they wish.
This sounds like what we’ve talked about here in Orchid concerning
copyright of jewelry/metal art designs. If we back off from the
medium of expression and look at the broader picture, that being
tangible expression of an idea, then what applies to us applies to
graphic designers also.
This reminds me of something I’ve spoken with to business partners.
If it isn’t mandated by law then it is negotiable. If it’s negotiable
then it needs to be in contract if it matters.
paperwork and contracts should always be a part of a business
transaction, it comes without saying that graphic designers know
their work is for the design of the person who commisions them, for a
graphic designer to say I retain ownership of the design, you are
merely using it is for me to go and get a piece of jewelry I made
someone and tell them times up I want to wear it. I am as I stated
earlier in this thread fighting to get my company name put back in
my name and not in the person who is supposed to be managing the
re-registration for it, and I am getting lip about this. If you
commision anyone to do anything COVER YOUR REAR END period, but if it
comes down to not trusting this person or having an argument with
them then they are not trustworthy not matter who recommends them to
do the work because they know the purpose of their job. NOW if this
person has a book of logos and you go in there and pick one out of it
thats a different story and would need tons of paperwork and a
release and to be registared whereever you can possibly registar it.
Me I hate that it came down to this with the guy he was highly
recommended by my ex, when he wasnt my ex, and the school fro which
he graduated from, now he is refusing to register my web name in my
name “for my protection” which is bull, because it can have my name
on it and still be registared and locked. Deb- blood pressure over
the top on this subject.
I would have to say in your case Deb it sounds like you got a hold
of one of the one artist that gives the rest of us a bad name. If
you commission some one to do something like your logo’s and such
than it should be yours. I hope it works our for you soon.
it comes without saying that graphic designers know their work is
for the design of the person who commisions them, for a graphic
designer to say I retain ownership of the design, you are merely
using it is for me to go and get a piece of jewelry I made someone
and tell them times up I want to wear it.
Here’s the way it works: You retain all reproduction rights on any
object you make. If you sell a piece of jewelry, that person cannot
have a mold made, have it cast, and sell those pieces (whether to
make money or not) without your say so. You could give them the
right to do that, but then you would also negotiate a percentage of
that profit. This is licensing of rights. Just as a musician retains
all reproduction rights to their song. Bars, karaoke, and events pay
EMI and other licensing companies huge dollar amounts for the rights
to play music which promotes the money-making ventures of the bar,
etc.
A painter who sells a painting retains all rights to reproduction.
No one else can do a scan and make placemats or t-shirt designs with
that image on them without getting the rights permission from the
painter. The painter, as the jeweler, holds all rights and can
charge for them according to the extent of the usage desired.
A graphic designer holds the same rights. They can design and
deliver a logo to you, but you do not own all the rights to how that
logo is used unless you request unlimited rights. The designer can
limit those rights to a business system usage, but if there is a
money- making venture involved such as selling t-shirts or mugs, the
designer can request that they get a percentage of that money made.
Doesn’t sound completely ethical, but it’s to cover everyone’s
rights to the object they produced. Artwork of any kind has an
automatic copyright on it in its creation, at least as I understand
the definition of “automatic.”
Sorry to hear of the horror story of your webname not being able to
be in your name, I don’t know if the problem is with the designer or
the website entity. But check with the Graphic Artists Guild for
rules and ethical guidelines. An answer may fall into something there
that can save you some headache time. See www.graphicartistsguild.org
for help. The site is very extensive. Also see 12th edition of The
Graphic Artists Guild Handbook of Pricing and Ethical Guidelines.
It’s offered for sale on their site, and is also at Borders, etc.
Add "in the US" and you may be right, elsewhere in the universe
(and on earth) it varies
Most of the countries you’re likely to do business with have signed
the Berne convention, and written contracts are universal. Probably
even off earth.