working files to client..?

DB
Posted By
Dave B
May 9, 2006
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590
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I just did a print ad for a client and sent over a PDF to the magazine. All is fine on that end…

Then the client sent over an email requesting my "working files" (i.e. my layered Photoshop file). What’s the normal protocol on such a thing? I’m not feeling inclined to send them to him – but did he pay for them by virtue of paying for the job? (it was not discussed beforehand, and we have no written contract).

Thanks…

DB

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N
noone
May 9, 2006
In article <CV28g.528$>,
says…
I just did a print ad for a client and sent over a PDF to the magazine. All is fine on that end…

Then the client sent over an email requesting my "working files" (i.e. my layered Photoshop file). What’s the normal protocol on such a thing? I’m not feeling inclined to send them to him – but did he pay for them by virtue of paying for the job? (it was not discussed beforehand, and we have no written contract).

Thanks…

DB

Not being a properties attorney, I can only speak from my position as a photographer/photoshopper [is that even a word?] – Unless the client has a real production need for the PSD, they never get it. The only exception would be if something is not right and the job is virtually "on the press." Even then, I would be disinclined to send the file, but would rather work through the night to make it right.

It’s like on a photoshoot. I may create tons of images, where only one will be delivered to the client as a final. They do not get all of the tests, and R&D shots – only the final.

To date, I have never had a problem. My first reaction is that they may wish to reverse-engineer the work, so that an in-house tech can reproduce the efforts next time. When that situation comes up, I’ll hire out as a consultant, and charge the client for "teaching" the tech how to do it, but not just hand over the work images.

Just personal thinking and practices,
Hunt


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I
iehsmith
May 9, 2006
On 5/9/06 10:53 AM, Dave B commented:

I just did a print ad for a client and sent over a PDF to the magazine. All is fine on that end…

Then the client sent over an email requesting my "working files" (i.e. my layered Photoshop file). What’s the normal protocol on such a thing? I’m not feeling inclined to send them to him – but did he pay for them by virtue of paying for the job? (it was not discussed beforehand, and we have no written contract).

Thanks…

DB

Did they state why they want the PSD? (Did you lay the entire ad out with text in PS?) Did you agree verbally or otherwise to the term *work-for-hire*? You have a kind of mixed bag because advertising law is its own category. They may own the ad layout (one good reason to layout in a layout program), while you own original artworks.

I’m not an IP attorney and don’t even play one on TV, so an attorney consultation is your best bet on info. Barring that, use the web. http://www.gag.org/resources/index.php
http://www.fplc.edu/tfield/CopyVis.htm
http://www.advertisinglaw.com
There’s a book I keep intending to get, along with a few hundred others, called The Advertising Law Guide.

My ponderings:
Without a contract, AFAIK, any original artwork remains your property and your copyright and the client is buying usage rights/license for a particular instance. But you have things to weigh before you take a stand. First order of business is to learn what their intentions are, why they want the PSD. Is this a first time client or someone you do business with on a regular basis? Do you wish to form a long term business relationship with them and think it’s possible? (Was the project(s) a pleasant, agreeable work experience?) What value do you place on the original artwork? Would you resell usage license to other clients or is your only concern with your portfolio?

It’s a cart before the horse situation and now you need to define scope of project and define terms. I imagine we’ve all done work without a contract. If you’re willing to release the work for their continued use in ads; define what they are purchasing (license or ownership), how they may use it and what changes they may/may not make.

inez
K
KatWoman
May 9, 2006
"Hunt" wrote in message
In article <CV28g.528$>,
says…
I just did a print ad for a client and sent over a PDF to the magazine. All
is fine on that end…

Then the client sent over an email requesting my "working files" (i.e. my layered Photoshop file). What’s the normal protocol on such a thing? I’m not
feeling inclined to send them to him – but did he pay for them by virtue of
paying for the job? (it was not discussed beforehand, and we have no written
contract).

Thanks…

DB

Not being a properties attorney, I can only speak from my position as a photographer/photoshopper [is that even a word?] – Unless the client has a real production need for the PSD, they never get it. The only exception would
be if something is not right and the job is virtually "on the press." Even then, I would be disinclined to send the file, but would rather work through
the night to make it right.

It’s like on a photoshoot. I may create tons of images, where only one will be
delivered to the client as a final. They do not get all of the tests, and R&D
shots – only the final.

To date, I have never had a problem. My first reaction is that they may wish
to reverse-engineer the work, so that an in-house tech can reproduce the efforts next time. When that situation comes up, I’ll hire out as a consultant, and charge the client for "teaching" the tech how to do it, but
not just hand over the work images.

Just personal thinking and practices,
Hunt

I make a cropped flattened tiff in what they ask for (cmyk 300 etc) cropped and a proof print the way I’d like to see the finished, with a note to refer to the PSD file if necessary. I always hand in the PSD for the printer in case he needs to adjust levels, move the type, change cropping etc. I also include one JPG for sharing on internet and for clients whose comp freezes on large files.
I also include pertinent copyright info on the same CD and my contact info in case they want to send it back to me for adjusting.

I made a website using some custom artwork and the woman’s new distributor asked for the files to re-create it. The client paid me for the art and the site so I think she can use it any way she wants. They ended up not to use it anyway and made what they liked which is inferior artistically to mine but is more "commercial" to their way of marketing.

(it was not discussed beforehand, and we have no written
contract).

in general this is not a good habit, ALWAYS discuss and preferably get in writing ALL legal obligations on the part of both parties and how much and what they get for that price.

In commercial photo jobs we hand in every image and let the clients select and do the artwork unless they ask us to edit, retouch or print images (extra charge). Of course we have VERY specific contracts about usage and rights granted all settled before the shoot.

working out a contract now if all goes well we get to got to Hawaii (yay) in August.
WO
Wizard of Draws
May 10, 2006
On 5/9/06 11:53 AM, in article
CV28g.528$, "Dave B"
wrote:

I just did a print ad for a client and sent over a PDF to the magazine. All is fine on that end…

Then the client sent over an email requesting my "working files" (i.e. my layered Photoshop file). What’s the normal protocol on such a thing? I’m not feeling inclined to send them to him – but did he pay for them by virtue of paying for the job? (it was not discussed beforehand, and we have no written contract).

Thanks…

DB
This has been discussed a number of times and I think the common consensus is no. The client has hired you to create the end product and isn’t entitled to the individual materials used to arrive at that end product. Obviously that doesn’t apply to materials supplied by the client.

Working files are only asked for by the client in order to avoid paying you for your work in the future when they want to reuse it. You are entitled to compensation for reuse of your work, unless you have a contract in place stating differently.

Jeff ‘The Wizard of Draws’ Bucchino

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