A question

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Anonymous's picture
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Joined: 6 Mar 2002 - 1:06pm
A question
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Can a designer that has designed an idendity for a company take ownership of that design? — and if the company wishes to change the idenity can the designer step in?

I was always under the assumption that once the work was handed in — it was the companies property to do with as they wilt

Tiffany Wardle's picture
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Joined: 13 Jul 2001 - 11:00am
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“Under copyright law, any exclusive use of a design or artwork licensed by a client must be transferred in writing.” Get yourself a copy of the Graphic Artists Guild Handbook and read Chapter 13, Standard Contracts & Business Tools.

What Sean states is true, but only because that is what has become the assumed method of business. For myself, I’ve made it a necessary evil to discuss usage and ownership with a client from the very beginning. I’ve only had a few horrible instances where I’ve handed over the actual artwork (digital files) to my clients, or rather long-since-fired to-live-a-much-happier-life clients. Yes, I fire my clients from time to time. Not a practice, nor habit. Just used to save my sanity.

Tiffany Wardle's picture
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Joined: 13 Jul 2001 - 11:00am
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Hrant H Papazian's picture
Joined: 3 May 2000 - 11:00am
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> I fire my clients from time to time.

Good for you!

I’ve only done that once. But boy, you should have witnessed the 10-minute diatribe.

hhp

Tom DeForest's picture
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Joined: 10 Apr 2002 - 11:00am
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But if your work for a company as an employee, then all the work you do is owned by the company, true?

Tiffany Wardle's picture
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Joined: 13 Jul 2001 - 11:00am
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True. Unless you were for an ad agency or design studio, then the above still applies. But, I would think the design studio wouldn’t have a problem with you including the work you did in your own portfolio.

Sean Glenn's picture
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Joined: 15 Aug 2002 - 10:26pm
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I can’t think of a case where a designer would maintain that kind of ownership over an identity system, nearly 100% of design work in the US is done as “work-for-hire” meaning that all rights to the work belong to the company that paid for the work to be done.

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