Creative rights Documents

[ucmj22]

Here is a couple of documents I came up with today out of a current necessity, just wondering what you all thought about it, and whether or not it would hold up.

 

[Rick]

Too confusing... too restrictive, and you do not have a full grasp of a workable agreement.

What you are basically asking for, or want, is to retain "rights of promotion" By retaining your rights and requiring your client to use a copyright statement. All it seems you are doing is putting tags all over the internet trying to enhance your web presence. Not even big firms require that...

There are a few books on the subject with sample contracts, portions of it dealing with copyright.

The main books are the GAG Handbook, "Talent is not enough", Design business books by Cameron Foote and there is a sample contract you can take portions of from the AIGA...

Make it stupid simple and quite asking for so much...

 

[ucmj22]

Background on this particular job is: while I was on vacation, apparently this client called and asked for a logo work up. The other day she calls and said it has been two weeks and she hasn't heard anything so I tell her I will look in to it. After I hang up the other designer says "oh yeah, I forgot about that" and hands me a piece of paper with her info scribbled on it. So I whip up 3 options and send them out the next day. Knowing this client, I rightfully assume she isn't going to want to pay for a fully custom logo, so the logos contained royalty free objects to save me time, and her money. I explained the trademark restrictions of this to the client and she was fine with it. After reworking one of the initial 3 to her specs, I sent an invoice for 3 hours. She somehow didn't realize that it was going to cost this much, and threw a mini fit, so I asked her what she was going to use the logo for currently and she said that she just needed it for her Facebook page at the moment, so I told her that I will only charge her the first hour and I will send her a sized jpeg for use on Facebook, and we can release the vector art and attribution rights when the other 2 hours are paid for. She seemed happy with the arrangement so I drew up the papers. Am I being an a$$ or a pushover?

 

[weaselboogie]

If I ever went to a furniture store and asked them to build something to my specs I know for damn sure that I would find out what its going to run me. I'm sure I speak for the majority. Yet, I'm astounded at the amount of posts where the customer has no idea that it was going to cost that much...after the fact, but never asked for a price before the job has started.

I'm equally amazed at the amount of designers who don't give a ballpark or an hourly rate with an estimate on time. If I'm dealing with a new customer, almost always give an idea of rough estimate.

 

[ucmj22]

I'm equally amazed at the amount of designers who don't give a ballpark or an hourly rate with an estimate on time. If I'm dealing with a new customer, almost always give an idea of rough estimate.

I presumed this had been discussed on the original phone conversation that ended up on a piece of note paper instead of a job sheet.... Should have known better.

 

[WildWestDesigns]

I presumed this had been discussed on the original phone conversation that ended up on a piece of note paper instead of a job sheet.... Should have known better.

If you didn't have the phone conversation, I wouldn't presume that it had been discussed. Especially if the person that said "Oh yea, I forgot about that" was the same person that had that conversation. I can see another "Oh yea, I forgot about that" coming.