Who owns my artwork?
At PrePress for the vast majority of our clients are charge for any artwork we produce and therefore we happy pass any copyright to them, we have no argument. However this is not the case with many other Agencies and Design Studios.
Who owns a design, the client or the designer?
This is a frequently asked question, and it is essential to understand the answer before deciding to hire a designer.
First, let’s explore the key aspects of this area and the UK law
Consider a scenario where you have engaged a designer to produce a specific piece of work for you. It is a common misconception that upon completion of the project, you automatically possess all rights to the work.
In reality, copyright law attributes ownership of a work to its creator, which means the designer retains the rights by default. Any transfer of those rights would be contingent upon the stipulations outlined in your contract.
Don’t have a contract?
If you lack a contract, your designer should provide one for you to sign prior to commencing any work, or they should have a standard set of Terms & Conditions relevant to your project. This ensures that both parties have a clear understanding of their rights and obligations during the collaboration. You do not have to agree to these terms.
In the absence of a contract, the matter of copyright is straightforward: it remains with the designer. They retain complete ownership of the design, including all associated files and assets. Should you wish to alter this arrangement, you will need to request permission from them and hope for their agreement.
Example 1:
A brochure or flyer to promote your business
When the final deliverable of a project is a printed item, such as a brochure or flyer, your contract typically ensures that you own the printed materials. You also may receive a PDF file, allowing you to produce more copies as needed.
However, the designer retains ownership of the original design, meaning you cannot replicate or modify the design or layout for other uses, such as creating a banner for your website. To make such adaptations, you would need to engage the designer again.
Furthermore, the designer holds all the working files, including initial sketches and Adobe InDesign documents. If you wish to make alterations to the brochure prior to your next print run, you would either need to hire the designer for those changes or purchase the InDesign file from them to collaborate with a different designer.
Example 2:
An illustration to print on t-shirts you plan to sell
When creating illustrations for t-shirts intended for sale, it is important to consider the licensing implications. Typically, licensing for commercial products comes with more stringent limitations. You would need a license that permits the printing of the illustration on a specific number of t-shirts. Should you wish to produce additional copies or utilise the same illustration for different products in the future, you will have to negotiate a new license with the design company to cover these additional applications.
Furthermore, your contract may outline specific geographical limitations or a defined time period for the use of the illustration. For instance, it might allow for sales of products within the UK for a duration of three years. If you later choose to expand your sales to the US or wish to extend the use of the illustration beyond the initial three-year period, a new contract would need to be negotiated.
Example 3:
A logo design for your new business
Logos and branding require a distinct approach. It is crucial for your business and brand identity to have complete ownership of your logo. This is why using template logos is not advisable; you won’t have exclusive rights to the design, and there’s no telling how many others might be using the same template. Never allow any other company to own your logo design or rights. This way you have freedom to utilise your logo as often and in as many places as you wish.
It is essential to ensure that your agreement with your designer includes a transfer of ownership for the final logo upon full payment. Most designers typically accommodate this in their contracts; mine certainly does. However, if your designer insists on retaining full ownership of the logo design, it may indicate a problem. The only aspect they should retain is the right to showcase the logo in their portfolio, allowing them to claim authorship and promote their services.
Do you need to own the copyright?
It is often advantageous, though not always essential. In many cases, full ownership of a design may not be required for you, the client. Your contract or license should simply and adequately address your needs.
For you access to the working files is seldom necessary. You may not have the appropriate software to modify them, and purchasing a license can be costly. Moreover, programs such as Adobe InDesign, Quark, lllustrator, and Photoshop have a significant learning curve, making it challenging to edit your files effectively. Typically, it is more economical, efficient, and straightforward to request changes from the original designer.
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