Jump to content

Intellectual property /copyright query


Recommended Posts

This may be an obvious question, but I'm new to this and still learning.

 

A client in the UK passes web development work to me as a freelancer. The websites are live and everyone is happy, but the client has requested all artwork files and domain access. Presumably they want to perform minor edits or updates themselves without paying for my time in future.

 

Even though the jobs are finished I don't want to lose control of the things I've created – potentially missing out on future work.

 

We have no contract (naive I know, I'm shaking my head as I type this – it won't happen again), but from my understanding I'm not obliged to hand over passwords or files unless an agreement exists with my client – is that correct?

 

Thanks in advance.

 

EDIT

 

Just to clarify:

 

I've built a website for a client. The end result is live, and the client has access as a user to change, add or remove elements on the site as discussed. They are free to download any of the exported image files on the site (such as JPEG, GIF and PDF files). The client asked me to build a website, create image assets, and I've done exactly that. Should they wish to change hosting, I would assist them. The end product is theirs to access freely.

 

What the client is now asking for, along with all passwords, are the raw materials – if that makes sense: the layered PSD, AI and INDD documents used to create the exported images you see on the website. Putting aside that some files contain fonts, which can't be shared with the client due to license restrictions, in my experience it's unusual for designers to hand source files over – at least not without a fee or prior agreement.

 

The passwords aren't what I'm most concerned with protecting, it's the master and development files used to create artwork.

 

I may stand to lose the client anyway: I don't think there's another reason they'd be asking for the raw materials / master files unless they plan to edit the job themselves. All I'd be doing is making life easier for another contractor who would be paid to edit my work.

Edited by The Teacher
Added clarification
Link to comment
Share on other sites

This may be an obvious question, but I'm new to this and still learning.

 

A client in the UK passes web development work to me as a freelancer. The websites are live and everyone is happy, but the client has requested all artwork files and domain access. Presumably they want to perform minor edits or updates themselves without paying for my time in future.

 

Even though the jobs are finished I don't want to lose control of the things I've created – potentially missing out on future work.

 

We have no contract (naive I know, I'm shaking my head as I type this – it won't happen again), but from my understanding I'm not obliged to hand over passwords or files unless an agreement exists with my client – is that correct?

 

Thanks in advance.

 

The assumption would be (in the absence of a contract saying otherwise) that the IP is transferred to the person that commissioned the work.

The alternative, keeping the IP would normally require that the contract specifies this.

Link to comment
Share on other sites

who's paying for the domain hosting? You can't expect to lock your clients in to your web dev pathway. They should be free to retain whoever they want to work on their site.

 

If you got paid for the work, then I don't see how you can justify not handing it over?

 

I don't expect anything – as I say I'm new to this. The companies I've worked for previously (as an employee) would never hand over source files for design work (such as Photoshop or Illustrator files); all I'd like to understand is whether I'm obliged to hand over files and passwords if no contract exists.

 

Just to be clear: if a client wanted to change hosting I'd always assist them – I'm not seeking to lock them in. But I would prefer to retain source files of image assets that I created, rather than give them up freely for (potentially) another designer to use.

Link to comment
Share on other sites

Thank you for the replies so far.

 

If you created them for this client, then you wouldn't be handing them over for free, you were paid to create them.

 

Is that the case though? It seems a bit like buying a car, then asking to be shown how to make it.

 

Just to clarify:

 

I've built a website for a client. The end result is live, and the client has access as a user to change, add or remove elements on the site as discussed. They are free to download any of the exported image files on the site (such as JPEG, GIF and PDF files). The client asked me to build a website, create image assets, and I've done exactly that. Should they wish to change hosting, I would assist them. The end product is theirs to access freely.

 

What the client is now asking for, along with all passwords, are the raw materials – if that makes sense: the layered PSD, AI and INDD documents used to create the exported images you see on the website. Putting aside that some files contain fonts, which can't be shared with the client due to license restrictions, in my experience it's unusual for designers to hand source files over – at least not without a fee or prior agreement.

 

Just trying to figure out where I stand.

Edited by The Teacher
Link to comment
Share on other sites

here's something that might, or might not help

 

http://www.out-law.com/page-381

 

there are a couple of IP laywers on here who may be able to provide a bit of general advice, but if you want a definite answer then you may need to pay for a lawyers time since they will need to read the communications between you and your client.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.