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Photoshop Contest Forum Index - General Discussion - Design Usage Rights? - Reply to topic

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cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 11:48 am   Reply with quote         


I was curious as to what rights we have as designers for designs we make for clients. For instance, I am making custom designs for a client (to put on T's) for commercial use and I was wondering what my rights would be. Should I give usage rights with each design? Do I own the image if the idea was theres but I executed it? What if I make the design from my own ideas, but give permission to a client to produce commercial products of it, what would be my rights then? I am new to this whole thing and things got started quicker than I anticipated and I want to protect my rights as a designer. Any input would be appreciated. I looked all over the net but couldn't find anything pertaining to my questions above that was clear.

F.Y.I. I know this doesn't apply to logos and business identity.

Lastly, what about the designs here on PSC we make, can we use them commercially?

Very Happy




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Tesore

Location: On the way to Utopia!

Post Mon Apr 28, 2008 12:28 pm   Reply with quote         


My English is not good enough, still:
When you sale your work you better make a simple agreement/rules on paper en then the both of you sign it (1 for you/1 for him):
    - Demand your © on your products (smart move is to use your email, p.e.:cherylm@gmail.com) so everybody can see it Wink) Make a new email-account just for your business mail.
    - The buyer can use it only in a 'proper' way.
    - Changes in your design can only made by you.


You come up with some other, logical points. It must be no problem for the costumer, it must be smoothly to read and... good for you! Not too much: 1 A-4 paper is more than enough!

http://www.copyrightservice.co.uk/protect/p15_design_rights

http://en.wikipedia.org/wiki/Related_rights

http://en.wikipedia.org/wiki/Industrial_design

http://en.wikipedia.org/wiki/Copyright

http://www.cyberbee.com/cb_copyright.swf

»»» I noticed people can e-mail our images, so no © here! Maybe I’ll put my name on it from now on. (Although they can chop it away in no time. I can! Laughing).

»»» Make your one beautiful paper and envelopes! So people say in about a year from now: Heee… that’s a real CherylM design!!! Whowww… Those little things take some time, but are very important!

Good luck! Very Happy




Oscar

Location: Northern California

Post Mon Apr 28, 2008 12:59 pm   Reply with quote         


Since we don't put any copyrights on our work that we enter here anyone can just come along and grab it... possibly making millions off it. Now, when you design something for a client ( some T's ) that design becomes of his/ers property since they are paying for it.

if I'm wrong correct me.




MindGraph

Location: Augusta, Georgia

Post Mon Apr 28, 2008 1:13 pm   Reply with quote         


Oscar wrote:
Since we don't put any copyrights on our work that we enter here anyone can just come along and grab it... possibly making millions off it. Now, when you design something for a client ( some T's ) that design becomes of his/ers property since they are paying for it.

if I'm wrong correct me.

If I'm not mistaken it falls in what Oscar and Tesore together said. If you don't specifically get something in writing it can go in too many directions. I had a band I did a logo for some years ago and for payment since it was someone I knew that was trying to get off the ground I had them sign something saying that I would get a cut off every time an item using the logo was used. Other times I get paid up front for the job and that's the last I see it. I give a final file on a disk to either the printer or the customer. I have a situation currently where a customer sends out a catalog to every customer with their order.What they want to do now is make it into a pdf so they can send e catalogs in pdf format on a disk with the orders and save on printing catalogs as well as shipping weight. Problem I have is that the printer created the catalog and has the InDesign files there and won't release them because they know their going to lose the printing. Not sure where that's going to go. Rolling Eyes




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cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 1:14 pm   Reply with quote         


Oscar wrote:
Since we don't put any copyrights on our work that we enter here anyone can just come along and grab it... possibly making millions off it. Now, when you design something for a client ( some T's ) that design becomes of his/ers property since they are paying for it.

if I'm wrong correct me.


You don't necessarily have to pay for a copyright on an image for it not be copyrighted. If you don't though you can't really sue the person because there is no legal proof it's yours or the other persons. At least that is my understanding.

Also, I was told that designers can receive royalties when designs are used for commercial use. Plus, no matter what designs you make you own them and you have the right to set usage rights or sell off your rights. That is why I made this post because I want to see what people already in the industry do in this matter. Smile




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MindGraph

Location: Augusta, Georgia

Post Mon Apr 28, 2008 1:17 pm   Reply with quote         


This is a helpful book that a woman I know who owns a graphic design company uses as her bible. It has tons of information and is a pretty cheap book......
http://www.amazon.com/Graphic-Artists-Guild-Handbook-Guidelines/dp/0932102131/ref=pd_sim_b_img_1/105-2614679-5371624
the book is updated every year too. Wink




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cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 1:21 pm   Reply with quote         


Tesore wrote:
My English is not good enough, still:
When you sale your work you better make a simple agreement/rules on paper en then the both of you sign it (1 for you/1 for him):
    - Demand your © on your products (smart move is to use your email, p.e.:cherylm@gmail.com) so everybody can see it Wink) Make a new email-account just for your business mail.
    - The buyer can use it only in a 'proper' way.
    - Changes in your design can only made by you.


You come up with some other, logical points. It must be no problem for the costumer, it must be smoothly to read and... good for you! Not too much: 1 A-4 paper is more than enough!

http://www.copyrightservice.co.uk/protect/p15_design_rights

http://en.wikipedia.org/wiki/Related_rights

http://en.wikipedia.org/wiki/Industrial_design

http://en.wikipedia.org/wiki/Copyright

http://www.cyberbee.com/cb_copyright.swf

»»» I noticed people can e-mail our images, so no © here! Maybe I’ll put my name on it from now on. (Although they can chop it away in no time. I can! Laughing).

»»» Make your one beautiful paper and envelopes! So people say in about a year from now: Heee… that’s a real CherylM design!!! Whowww… Those little things take some time, but are very important!

Good luck! Very Happy


Thanks Tes. Just about everything you posted I already found on the net and read through before I posted this topic. They weren't very detailed in answering my questions Smile I really liked the last link, it was cute, haha. Thanks for helping!




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cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 1:23 pm   Reply with quote         


MindGraph wrote:
This is a helpful book that a woman I know who owns a graphic design company uses as her bible. It has tons of information and is a pretty cheap book......
http://www.amazon.com/Graphic-Artists-Guild-Handbook-Guidelines/dp/0932102131/ref=pd_sim_b_img_1/105-2614679-5371624
the book is updated every year too. Wink


Oh, very cool. I will definitely be looking into that. Thanks!




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Eve
Site Moderator

Location: Planet Earth

Post Mon Apr 28, 2008 1:27 pm   Reply with quote         


most of us take the money and run...j/k to a point.

In the early 2000s, designers started questioning their rights to designs they sold to a client.

Basically, I'm satisfied in the exchange of idea thru print for cash.

or...

You buy a painting from someone. Does the fine artist have any say how you use, where you hang, or if you re-sell his/her painting?




cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 1:46 pm   Reply with quote         


Eve wrote:
most of us take the money and run...j/k to a point.

In the early 2000s, designers started questioning their rights to designs they sold to a client.

Basically, I'm satisfied in the exchange of idea thru print for cash.

or...

You buy a painting from someone. Does the fine artist have any say how you use, where you hang, or if you re-sell his/her painting?


Your painting comment did occur to me. But it also stirred other questions. If a person were to sell a painting that wasn't initially theirs they would only be selling one copy of it for probably a fairly large price and duplicates of the original would be sold for far less, whereas, digital designs can be copied and resold hundreds of times at set prices with major profit involvement. Smile I am so confused, haha.

Edit: I am confused because I actually feel attached to my work. Is that weird? Selling a custom design for commercial purposes for a couple hundred bucks that took me several hours to make just doesn't seem right for some reason.




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Oscar

Location: Northern California

Post Mon Apr 28, 2008 1:52 pm   Reply with quote         


I have always believed that if you buy something you can do whatever you pleased with it.... like cds... rip the music and upload it to TPB. Laughing

Seriously though... I seen some of my designs in other websites and it makes me furious. I wish we could copy right our work here so no one else takes credit for it. I wouldn't want to wake up one day and see on the news some dude made millions off some wallpaper I made.
I been stealing Marco's work and secretly selling them on the flea market... I'm not making millions here b/c his work sucks but you get the idea.

ALSO : http://creativecommons.org and http://en.wikipedia.org/wiki/Royalties




cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 2:05 pm   Reply with quote         


Oscar wrote:
I have always believed that if you buy something you can do whatever you pleased with it.... like cds... rip the music and upload it to TPB. Laughing

Seriously though... I seen some of my designs in other websites and it makes me furious. I wish we could copy right our work here so no one else takes credit for it. I wouldn't want to wake up one day and see on the news some dude made millions off some wallpaper I made.
I been stealing Marco's work and secretly selling them on the flea market... I'm not making millions here b/c his work sucks but you get the idea.

ALSO : http://creativecommons.org and http://en.wikipedia.org/wiki/Royalties


I agree with the furious part, we put a lot of work into making digital designs. The last thing I want to see is someone get rich off of something I created. Granted, if the client gives me an idea to draw up that is a different story. But to me my ideas should have some kind of value placed upon them other than a flat fee.




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TofuTheGreat

Location: Back where I belong.

Post Mon Apr 28, 2008 2:16 pm   Reply with quote         


I didn't read much more than 1% of the above. 'Cuz it's MINE ALL MINE! BWAHAHAHAHAHAHAHA! Twisted Evil




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Why I do believe it's pants-less o'clock! - Lar deSouza
”The mind is like a parachute, it doesn’t work if it isn’t open.” - Frank Zappa
Created using photoshop and absolutely no talent. - reyrey

cherylm329

Location: Everywhere

Post Mon Apr 28, 2008 2:58 pm   Reply with quote         


TofuTheGreat wrote:
I didn't read much more than 1% of the above. 'Cuz it's MINE ALL MINE! BWAHAHAHAHAHAHAHA! Twisted Evil


Rolling Eyes Laughing




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janetdog

Location: Las Vegas Baby!

Post Mon Apr 28, 2008 3:01 pm   Reply with quote         


First things first. PhotoshopContest holds the rights to pictures on the website. Look down at the bottom of the page.

Quote:

Adobe, the Adobe logo, Adobe Photoshop, Creative Suite and Illustrator are registered trademarks of Adobe Systems Incorporated.
Text and images copyright © 2000-2006 Photoshop Contest. All rights reserved.


I think that if you work for cheap or nothing, A little on the back end isn't unreasonable. Other than that, I say get your money up front and be done with it. The last thing you want to do is take someone to court for copyright/money issues. For what it's worth, This is still a small world and I'd be skeptical of hiring an artist involved in a flaky lawsuit against a former client.




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