Re-use of work for print media

Limelight DS

Limelight DS

New Member
Hi everyone.

I hope there are some designers on this forum who’ve had experience with this before and can offer some advice...

I did some online interactive PDF course books for a Dutch company a while back.
Now they have contacted me to tell me that their Franco-Belgian sister company is interested in translating these digital courses into French and having them printed. They will then be used a written course material.

Obviously I was commissioned to do the original project and was paid for it.
And I realize it’s a sister (sub-division) of the same company so my questions is:
How does that work in terms of my work/design/intellectual copyright?
Should I allow this? Do I really have a choice?
If I do, allow it can/should I charge for this? If so, is that a percentage of the original price?

I’d really appreciate some feedback from any designers who’ve been in similar situations.

Thanks.
 
Did you have a contract from the original job?

I'm not exactly sure how it works editorial content and design but in Illustration there's a thing called "usage".

This means when someone commissions you to do a piece of work, they pay you for the usage of the piece.
For instance, if they wanted it for a magazine add in Germany and then wanted to use it for a poster campaign in Austria then they would have to pay again.
In this case they're paying for a licence to use an image and not to own it.
 
A quick search turned this up:

Under UK law, the originator of art, design, music and writing is the copyright owner and has intellectual rights – and these can be licensed to the company or person who commissioned the work for various uses. In general the licensed use is the purpose of the original commission – eg design and print of 10k leaflets would mean the sale of a “licence” for exactly that. Further uses of the artwork or its adaptation for another project would be by negotiation, and ownership of the electronic files, the design and all of the component parts remain with the designer. This understanding is basically the same in the UK and in the US and is put succinctly by the American Institute of Graphic Designers:

“Under U.S. copyright law, the designer is the owner of all files and artwork created for the client, and the client is the owner of the end product (i.e. a printed business cards). Release of electronic files to the client is at the discretion of the designer and is determined by the type of project. Copyright ownership may be transferred to the client for a fee that is based on the uses for which rights are being transferred.”

This applies for all forms of creative work – most people are familiar with purchasing or commissioning illustration or photography on the basis of a particular use (indeed the cost generally reflects the usage – front cover, long runs etc attract a higher fee).

I guess the fact that they've approached you to tell you that they intend to use your work elsewhere says something?
 
Hi @scotty
Thanks for your prompt reply.
Yes, I have a contract.
Re usage: that makes sense, I’ll have to look into it a bit more to see if it also applies to my situation.
Thanks for the additional info as well.
That solves the question I recon.
I think they are willing to pay they just unaware of the legalities.
 
No worries.

I'm no expert on the subject but unless you've signed over the rights, and the content and design are yours then you own the rights to it.

I just did a search for "graphic design, who owns the rights".
I guess if you do a bit of research it'll give you an advantage when you talk to them.
I'd maybe approach it like "Sure, we can negotiate a re-use fee".

If they were to use your work and not pay you then they'd be in a very dodgy place legally.
 
Awesome, thanks for the help!
I am confident it will work out OK.
They are good clients and have always been very approachable.
 
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