Startup owners, what's been your experience with obtaining the design source files from the independent-contractor designers you have hired to design your early-stage or prototype versions of your website? This is a hotly debated issue.
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This is a hotly debated issue re: "results of work" for a "work for hire" project â and who owns what exactly, both in terms of physical assets as well as Intellectual Property rights. Yet when googling around this topic, you will be hard pressed to find any published opinions from the paying Clients side of the equation at all, but a whole multitude of advice from freelance design advocates. Freelance designers are instructed to never deliver any source files such as Adobe Illustrator vector files for any drawings, icons, illustrations, no Photoshop or InDesign full layered files that contain each of the web design's elements in their various color states, each on a separate layer in the source file. And designers are instructed that while the client may be paying for a fully new custom design typeface created by designer to be used on client's website, that client is not to own that typeface, but rather is entitled to only be leasing it from designer. Further, designers are instructed to withhold any preliminary designs or "comps" they presented as early design directions for the website â even though they were paid for their time to produce such works. There are many arguments presented for these recommendations, some being practical freelance business survival considerations such as: "If you give up your source files, you are giving away future work to update and make changes to the site". And then there are more complex arguments that get into "moral rights" and other derivative works. The bottom line presented to freelance designers is: If you don't have these clauses in your contracts, you are being screwed; and, by all means you, designer, should control the contract-making and make these issues iron-clad in your own client web designer agreements. Given the fact that there is next to no professional level discussion on the web that presents client-side arguments for "works for hire", it seems that Quora is a good venue to simply ask these questions. And since many Startups today are overseen by incubators with expert VC and business management help, all of you have the best possible legal counsel. So what are your positions on these matters as to what you are buying and owning when contracting a "work for hire". I can see a very valid argument for assigning an additional cost to a client acquiring the digital source files along with the digital deliverable files. If so, what are some guidelines on how to price this additional deliverable? .... keeping in mind that there are several methods and bases for billing, with some independent contractor designers preferring one method over another: (a) by the whole job (this is often chosen when there is a rock solid requirements doc, with very clear and specific deliverables, with a clear and realistic timeline). (b) by milestone/deliverable (c) weekly/ hourly/monthly Thanks to anyone who provides some feedback or solid answers.
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Answer:
This is an interesting question, but you've already answered it in your detailed post. It's simply a matter of setting expectations. I work with agencies all the time, and some have no problem delivering PSDs while others will not. But it's clearly stated in the contract(s). And sometimes there is a premium charged for delivering the layered file, but again, it's all agreed to upfront. I think some of your statements are a little hyperbolic. Is it suicide for a freelancer to deliver in flattened files? It depends. You need to read the client and decide if they need the source files for a "legitimate" reason or because they are trying to save a buck by having their nephew boot up Photoshop and slightly change the logo you designed. But in either case, if requested, you should just simply state a fee for the layered file. To outright deny a client a source file without stating a compensation raye, especially if you are utilizing some of their trademarks or brand identity, is the real suicide. But this is all avoidable with a clearly stated contract or, in many cases, a simple statement of work. As far as rate, it really varies around the country.
Sam Rhee at Quora Visit the source
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