Preston H wrote:
Remember: In an hourly contract, all work produced by the freelancer while working on behalf of the client (while being paid by the client) belongs to the client. Automatically.
This includes all intermediate files produced by the freelancer. All of these file constitute work product.
If a freelancer creates a great design file in Photoshop, and as part of creating that file the freelancer created 5 Adobe Illustrator files... all of these constitute work product. All of these belong automatically to the client.
These files, created while working for the client, are never the freelancer's files, and it is not up to the freelancer to decide whether or not to provide these files to the client. They already belong to the client.
No, no, no. Hourly or flat rate, it doesn't matter. Many clients do not realize that some file types are illegal for freelancers to hand over. And unless the client is buying the rights to any stock images used, those images are licensed to the freelancer - specific licenses require set parameters about how they can be used. Once out of a freelancers hand, clients may not honor those licenses.
From a very good online article about this subject matter:
"You cannot legally obtain the fonts from a designer. If you do, both you and the design firm are in violation of the font manufacturer’s end-user license agreement (EULA)"
"You may not be legally allowed to use any custom or stock photography elsewhere or after a certain period of time" (this, depending on the type of license paid for with an image).
Client do not automatically have the right to everything used in a project, and this should be discussed beforehand - if native files are part of the contract, I make sure clients are aware of these exceptions.
Heather F wrote:
How do I protect my company from infringement if I have no ownership over the design?
Unless you have agreed anything to the contrary with your freelancer, you DO own the design.
Will, I totally have been agreeing with you throughout the conversation in this thread. I'm just starting on Upwork as a 3D Modeler and Rendering Artist. I wanted to know is it ok to let people know on my profile that I would like to retain ownership of source files and the ability to use final images for marketing purposes? Just to honestly let people know up front. I'm not sure if people do this or not. Anyone feel free to chime in as well.
That's what I thought as well. Do you think it's relevant to still address it on my profile in the summary? What about the marketing part of it relating to my social media and website?