[andi*pandi]

Sigh.

What do you do when a client asks for all their artwork (that you've designed from scratch) on disk, because they've found someone else cheaper/faster to do it?


Do you charge them?
Not give it?
Tell them to go to hell?

stupid clients...

[Timo]

The artwork is your intellectual property.

You can license it to them.

You can sell it to them.

You can tell them to go to hell.

But please don't give it away.

[chris v]

Absolutely do not give it away! Give them a bill for time spent, since they contracted you in the first place. They should pay you for what you've done, even if they don't want to continue the relationship.

When they pay up, they can have what you've done so far.

You're being scammed. I've had people pull this every once in a while. They'll come in the shop to order t-shirts, pick up a proof of the art, then cancel the shirt order without paying. When they ask for a digital file, I tell them to go jump!

Also be leery of taking on clients who have nothing but a print-out, or pdf file, and "don't know" who did the design-- chances are they've just finished ripping somebody off, and are thinking of doing the same to you, after you re-create it.

If you're going to freelance, you'd better learn some intellectual property law. Also, don't be afraid of threatening to sue, or call the DA's office. There's a criminal law, called "Theft by Appropriation." Don't be afraid to use these words when talking to someone who has taken delivery of a product, but is balking at paying. If they haven't established credit terms with you, they are criminally liable if they don't pay. If you gave them terms, you can still sue the b@stards.

CV

[godzookie2k]

If you're doing freelance for gods sake man, make sure you contract in a 'Kill Fee'. If the client kills the project after its begun they owe you a percentage of the estimate. (I charge 33% of my total estimated hours, some of my friends charge a 'flat fee', depending on how much they think the person can afford). *and then* Use your discrection on whether or not you even *want* to give out your work up to that point. You should contract that in too. Personally, I don't like to give out my code or original files, and I've done ok this far, but use your own discretion.


Nick

[buchrob]

Nothing will make sure that you lose the client forever faster (and never get paid whatever is currently owing) than refusing to return "his" artwork which is all-of-a-sudden considered more valuable than his first-born son.

Please be aware that if the client has already paid you for your services, then you have no alternative other than to give him what he's owed, i.e. if you coordinated the project for a brochure and got paid for it, you have to hand over whatever you've done (you didn't expect to pay a fee to his previous designer for incorporating the client's logo into your work, did you? And you would surely have balked if a licence fee had been demanded from you!) Jurisprudence may be different in Europe, but in North America, you generally have no specific author's rights unless otherwise previously contracted and will be hard-pressed to maintain your claim.

Being a big boy sometimes means learning a lesson in life. But you don't necessarily have to return everything. One copy of the work is usually sufficient. Provide the art on disk and a laser of all the files to CYA.

If it happens to be CMYK and the "inheritor" needs it in Pantone, let them figure it out as part of their legacy. If the client complains, tell them not to complain to you about the inheritor's incompetence. "It was all there on the disk, along with the lasers. Besides, the job printed to your satisfaction before, didn't it?".

So let's be realistic. There is nothing than you can do that can't be done. If you're fighting over a logo or a design, most first-year students can replicate it from a printed copy in relatively little time using a cheap scanned template. Sorry for all the hours you spent designing rejected alternatives (they were obviously no good since they were rejected, right?).

This is just part of the the cross a designer must bear. But please do take heart. Most of the clients who pull this type of switch end up costing other people far more money down the road. Be thankful you got off so lightly, and if the client does come back (as will sometimes happen), make sure you write the new rules ahead of time.

[godzookie2k]

Good Advice. Oh, don't get me wrong, I don't *refuse* to give up originals, I just don't mention it.


Nick

[andi*pandi]

well, they have paid me for doing the work on each piece originally, but now they want all the files so someone else (possibly themselves) can make edits and whatnot later down the line. So effectively, they're taking business elsewhere.



I know I can lock the illustrator files so the type is outlined. Is there a similar way to make a quark file uneditable? or is that bad practice?

thanks guys.

[buchrob]

It will do nothing for your reputation at all to pull a snit fit, and people do talk. It's hard enough to get clients without having to pitch to someone down the road who has a friend that heard his buddy's brother-in-law got less than a square deal from someone whose name sounds similar to yours.

I have also experienced a number of cases personally where the client came back after having learned some expensive facts of life while playing the field.

[mitchell_pgh]

I know I can lock the illustrator files so the type is outlined. Is there a similar way to make a quark file uneditable? or is that bad practice?

That is a VERY bad practice. You will be remembered as the artist that we had trouble with their files. I will be honest, I have edited some other peoples work. I do it for nonprofits all the time at $25/hr (they have a great designer that works at $75/hr) They have him design it and print it. When they need a change, they pull me into the game.

Make them pay you your rate to burn it to CD and prepare all of the artwork. Charge them for about three hours and call it a day. Be their best friend. "If you need anything else..." and "If you have any troubles, please feel free..." Then you will be remembered as a friend. The odds are, they will send it to an "artist" that won't use Quark. Someone that has M$ Word and a laser printer... If you want them to keep comming back, be good...

[Corys]

I would have to agree to most of the replies here..
you gain NOTHING by being a pain in the arse to the client. In fact, it will more likely hurt you, it's hard to reverse a bad reputation.
Be sure you get paid for what's in the job, charge the client the time to copy files to CD, and let it go.

Just my $.02

[mitchell_pgh]

It's SO hard to let go, but just do it. Then wait until they come back...