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Should I assign copyright of business card design?

Should I assign copyright of business card design?

  • I'm a professional graphic designer, new to freelancing, and I am preparing a proposal for an identity project. The project includes a logo, a business card design, and an electronic letterhead template. I am going to transfer the copyright of the logo to the client but I'm wondering whether or not I should assign copyright of the business card design and letterhead template as well or instead provide an exclusive license? I don't plan to copy or reuse the design of the business cards and letterhead template for another client, but business cards and letterhead often look pretty similar and I wouldn't want to be accused of infringement for creating a similar layout for another project. Does anyone know what the standard practice is in this situation? Thanks.

  • Answer:

    I'm in basically the same business situation you are. I would transfer the copyright of the final design for all the stationery pieces to the client upon final payment. Any unused comps, however, remain your copyright. The brand/ID will belong to the client, and the client may use another designer to do other work with the identity, so the client should own the copyright to all their own branding (once they've paid you for it). I asked a related question which may be of use to you: http://graphicdesign.stackexchange.com/questions/6590/copyright-ownership-paid-by-hour-vs-paid-by-project

Liz at Graphic Design Visit the source

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Work for hire typically implies that ownership of final product is transferred to the ones hiring you unless otherwise explicitly stated. I see no need to register the copyright on a business card layout. IANAL, etc.

DA01

This is rather dependent upon legislation and custom, both depending upon your location. I can only speak for the Netherlands, where it's usually the case that you retain the copyright for everything you make. The contract specifies that, upon completion, the customer obtains a license to use the product in ways it was originally intended. A clause to this effect is in my standard terms and conditions. If a customer explicitly wants the copyright for the product, I specify this in the contract and usually charge at least 20% more. In short, I'd grant a license in the case you present. It's safest, enables you to use the work in your portfolio without any problems and indeed protects you from your customer should you ever design something that looks similar.

Vincent

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