How to Answer: "I'd Like the Computer Files."
The October issue of the Creative Business newsletter has a valuable two-page white paper titled “How To Answer: I’d Like The Computer Files”, which discusses the legal and business issues involved when a client requests a copy of the original files used to build a recent project.
This increasingly common client request can pose a dilemma for many creative studios. Should you give them up? Do you have to? How do you respond to your client's request?
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The Creative Business article discusses several possible ways to respond. Download it free, until November 1, at:
Creative Business September/October Issue
One pragmatic step Creative Business suggests is adding a statement to every proposal or estimate that preventively addresses this issue:
“This proposal is for the purchase of one creative approach (concept) to be selected by (client) and executed by (creative firm). All other ideas, concepts, or designs described or exhibited remain the property of (creative firm). All materials used in the execution of this project—including artwork and computer-generated instructions and formats—remain the property of (creative firm).”
This won't prevent clients from asking for the original electronic artwork, but it does provide some basis for how the conversation progresses.
Source: This tip comes from the October 2006 issue of Design Tools Monthly, a newsletter for Macintosh-based graphic designers that summarizes tips and news from a wide number of magazines and websites. CreativeTechs clients with a Priority Support Relationship can download a PDF of the latest issue of Design Tools Monthly from our Members Only website.
Comments
Would anyone happen to have the copy of this white paper still? I just came across this article (Nov 6.) and am currently help a client with this stuff. Thanks so much, and awesome site! Just started reading it regularly!
Posted by: Russell Perry | November 6, 2006 09:03 PM
Creative projects like this are usually, in legal terms, a "work made for hire." In such situations, it's common practice for the client to gain all rights to the work product when the contract is completed.
I can't see any problem with giving them the files if they request them, since the results of the project belong to them anyway. Giving up files for rejected comps or early concept pieces is another matter entirely of course; only the final product belongs to the client. Perhaps that distinction was made in the original article.
Posted by: Adam Messinger | February 23, 2007 04:02 PM