leepaulvickersdesign
Member
I'm needing a bit of a sanity check with copyright as a graphic designer. Hopefully I understand this properly!
I have been in talks with a potential new client who needs some initial design work (logo, basic branding, stationery etc) which could lead onto a nice big longterm project. The discussion went really well and we have built up a good rapport with eachother.
We talked about the subject of copyright. I have always considered the creator of works to hold the copyright over any work automatically, giving the client the choice to purchase the copyright for an additional fee on top of the original agreed design fee, releasing me from any connection with the work. The client then fully owns the design to do as he/she wishes. The potential client is a bit concerned by this in case I hold any power over him in the future.
As such I have a section in my T&Cs to this effect:
3 Copyright
3.1 - The client is liable for any copyright breaches on any content provided by the client to Vickers Creative.
3.2 - All content that is creation of Vickers Creative (design work including words, pictures, ideas, visuals and illustrations) is property of Vickers Creative, subsequently Vickers Creative retains the right to publish such design as his own, unless specifically released in writing and after all costs have been settled.
3.3 - Any design work that is subsequently used after termination of the contract is a breach of copyright, for which the client will be held liable.
3.4 - The client is not permitted to resell or make profit from selling design work created by Vickers Creative. (If you wish to resell work, please ask for a "Resellers Contract". Please note this will affect the quote.)
3.5 - Vickers Creative retains no rights to any concepts or content provided by the client, subsequently Vickers Creative does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.
3.6 - Any designs not used as a final solution in fulfilling the original brief remain the property of Vickers Creative, unless agreed in writing that this arrangement has been changed.
Can anyone see any problems with this? The simple solution is that I charge him extra to cover the copyright - the downside then is that I can't showcase the work in portfolio as my own.
Is there a middle-ground?
I have been in talks with a potential new client who needs some initial design work (logo, basic branding, stationery etc) which could lead onto a nice big longterm project. The discussion went really well and we have built up a good rapport with eachother.
We talked about the subject of copyright. I have always considered the creator of works to hold the copyright over any work automatically, giving the client the choice to purchase the copyright for an additional fee on top of the original agreed design fee, releasing me from any connection with the work. The client then fully owns the design to do as he/she wishes. The potential client is a bit concerned by this in case I hold any power over him in the future.
As such I have a section in my T&Cs to this effect:
3 Copyright
3.1 - The client is liable for any copyright breaches on any content provided by the client to Vickers Creative.
3.2 - All content that is creation of Vickers Creative (design work including words, pictures, ideas, visuals and illustrations) is property of Vickers Creative, subsequently Vickers Creative retains the right to publish such design as his own, unless specifically released in writing and after all costs have been settled.
3.3 - Any design work that is subsequently used after termination of the contract is a breach of copyright, for which the client will be held liable.
3.4 - The client is not permitted to resell or make profit from selling design work created by Vickers Creative. (If you wish to resell work, please ask for a "Resellers Contract". Please note this will affect the quote.)
3.5 - Vickers Creative retains no rights to any concepts or content provided by the client, subsequently Vickers Creative does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.
3.6 - Any designs not used as a final solution in fulfilling the original brief remain the property of Vickers Creative, unless agreed in writing that this arrangement has been changed.
Can anyone see any problems with this? The simple solution is that I charge him extra to cover the copyright - the downside then is that I can't showcase the work in portfolio as my own.
Is there a middle-ground?