FLASH: The Freelance Bit...

[Russell E. Unger]

Hehe...Here we go... :)


>Sorry to jump the gun a little on ya there Russ,



Not in the least; I'm sure that you and I (and JC) aren't the only ones

with varying opinions on all of this.


You bring up very valid points, and I do not dispute them; not in the

least.


My only *real* point about this, I suppose, is that I do it differently

than you and I do it with purpose very much in mind.


Again, not to say that I think your way is right.  To cross the line a

little, I like it that you actually do your work that way.  While we can

debate the Source/Art issue all day long, I'll not sweat that fact--I'll

just say that I think we both are right on certain aspects and that I

think both of us probably drastically disagree on some of the others.

Asi es la vida...This doesn't take away from any of my respect for you

as a professional, etc.  I'm sure it makes you think I'm a bit kooky,

and that's cool, too.


The contracts that I/we use all state clearly that we provide a users

guide, a standards guide and other very explicit information--ranging

from the (yes, it's there) usage of original artwork (that means no

ripping off my ultra-cool buttons) for other means and understanding

that if the client chooses to have an outside agency work on the project

after the source is given up, they will *not* be held harmless should

anything legal ensue.  That usually catches the eye of their attorney,

but they also understand what they are getting in return, and it's

generally a service beyond most other consultant-types.


>I though your reply was a little to black and white not to respond.

>Artist/Developer/creative/whatever, it doesnt matter. You own the

rights to whatever you

>create.



Yes and no, from my perspective.  I won't reiterate too much, but I'll

say a couple of things.  First, you were right about my post...a little

too black and white.  Agreed.  Next, I think I own the rights to what I

create, but to certain limitations.  So long as I am able to showcase my

work and I use content that is (in general) all from the client, I

consider the piece theirs, with parts of the whole being mine, and

therefor feel less "attachment" to it.


BUT, that's just me.


>Again, professionals sell the rights to _USE_  the art, not the

property itself. There is no

>reason to

>issue the source files to a client. And you are right, this should be

detailed in the

>contract.



Certainly.  The Art.  JC will tell you that it applies to the "Code",

but I also protect myself and state that if alterations are made that

they must be noted so that the original piece can still stand to my

credit, etc.


>I have not seen any of these important details outlined on any of the

online contracts

>posted to this list yet.



I won't/cannot post *those* contracts here.  LOTS of monies and time

have been spent with attorneys ensuring that these read "just so" so

that I keep myself sane and in the clear with it.


>Distribution of FLA files not only give edit ability to your graphics,

they reveal your

>schematics signature.

>A client can use your hard worked schematics for their own templates.

>I stick to the traditional artist/illustrator model simply because

theres no reason not to.



Now here, I start to see more of your side, and this has definitely

given me something to consider.  However, when you get a little more

detailed, it is sometimes difficult to keep some of the work "hidden".


Perhaps an options is for me to add an addendum to my contracts stating

something to the likes of "Source is given for the use of this project

alone..." blah blah blah...rip me off and I can sue you, etc.


That'll be hard to track, but I generally keep very healthy

relationships with the clients.


>The

>paradigm shouldnt change, only the way it is used. I stick to these

ethical guidelines

>because they are

>supported by thousands of seasoned professionals and have been since

the dawn of

>professional freelance practices.



Now, here I can say that I further agree with you, and I'd further agree

that others who might be relatively unseasoned follow these.  It would

be much easier to find information for those practices and give a person

a bit more leverage/ground to stand on.  Makes sense to me.


>Unfortunately the internet has given rise to false identities. These

identities are

>exploited by these uneducated practices

>however.



And they hurt us all, regardless of which line of thinking we take.


>The intended use of the design, the price, and terms of sale should be

clearly stated in the

>contract, PO, or agreement letter.

>If the design is to be used for anything other than its original

purpose, the price is

>usually negotiable as soon as possible.

>The secondary use of the design.may be of greater value than the

primary use. This can

>increase the price anywhere from

>50 to 100% of the fee that would have been charged had the work

original been commissioned

>for the anticipated usage.



I think this falls into somewhat of a grey area and would be pretty hard

to track, but I see your meaning and understand the usefulness...I just

think it's a tough one to track.


>The USE of design always influences the price. If the design is to be

featured over an

>extensive area or is an "all-rights/buyout"

>sale fees are usually significantly higher than when used locally or

within a selected area.


This, I think, would just cause more explanation than necessary, on *my*

part...and it also makes me feel that you are perhaps more of an artist

than I am.  In the ART sense of the word.


RE:  Comps:  I think we are pretty much in aggreeance on that point, in

all honesty.  Kinda cool, actually.  PLUS, there's nothing better than

being able to repurpose and "unselected" comp, too!


Good thread.


Russ


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