Re: FLASH: Giving out source files

[Russell E. Unger]

David Gary wrote:


> > Quick and simple answer for you (and the rule I go by):

> >

> > When it's paid for, it is theirs.  No real bargaining chip beyond that, ya know?

> >

> > Russ

>

> Hiya Flashers,

>

> With all due respect Russ, that is not a professional answer. Rights to use the

> artwork are

> different than rights to revise the artwork in the future. FLA files will give a

> client the

> ability to do do just that, passing them on to another firm to "update" the

> animation's

> or artwork. This can cause libel rights lawsuits among artists and their clients(A

> bad way to do business if you ask me)


Let's take a step back on this for one moment.  I have some strong feelings about this

type of stuff, and I don't want to misconstrued, nor do I have the intentions of coming

across as someone giving bad advice.


What I consider to be "Source Files" are the .fla files.  Art files, are completely

different.  Now, I'm not an "artist" by trade.  If you are giving the client the ability

to update them, that is your business.


I also provide my clients with written documentation that define the standards that were

followed when creating any piece so that they can update the projects in the future

WITHOUT me.  I get more and more projects that are different and *not* "updating" by

doing this.  It's quite a bit less painful for me, and quite a bit more profitable as I

am able to focus on new business with existing clients.  I certainly DO agree with what

you are calling "art", but I don't think that my .FLA files are to be considered "art"

when the client generally provides all of the content that goes inside.  Barring a

button or two, it is my opinion that it not be worried about too much...but, my

contracts do cover "all original artwork" and it is main pretty clear.


> This is what contracts are for and it should be specifically outlined in the

> contract as to what rights the client

> has to the artwork. By default the freelance artist or firm that creates the artwork

> owns the copyright unless

> he/they are contracted for "work for hire". "Work for hire" practices are

> discouraged by the freelance community.

> This is why new comers to this biz need to educate themselves before doing business.


Agreed...however, I was under the assumption that the person had contracts.  That is my

fault; I should not have assumed with little information.


> There are 3 major usage rights :

>

> 1.unlimited rights

> 2.exclusive unlimited rights.

> 3.buyout.(usually discouraged)

>

> Any artwork you do, you automatically own copyright. New comers here need to

> understand that,

> when commissioned you dont sell you're artwork, you sell the "rights" to _use_  your

> artwork, regardless

> of the fact that it is a commissioned logo created for another company's brand.

> "So-called" professional freelance artists

> are popping out of the woodwork since the internet started and they're cutting this

> industrys' throat by not

> educating themselves.


New-comers *here* should really join a "Multimedia Business" list

(http://www.onelist.com/subscribe/MultiBusiness/) and ask these types of questions.  Not

a slam to anyone; the questions are being rightfully asked--I just wanted to plug a list

that is more than a little slow.


The one thing about the Freelance Artists popping up...there is still a noted difference

between and artist and a developer.  While you and I may both use Flash, you may

consider yourself an artist--I know I have a friend that I consider to be an AWESOME

Flash artist, but his experience does not gear him toward Flash development and how to

handle certain "corporate" environments (I gather that you do, David, please don't

misconstrue this point), and, of his own accord, he doesn't want to, either.


I think I tried to make a point there.


> I advise anyone charging other people to create artwork, animations, or whatever,

> goto http://www.gag.org

> to educate yourself and keep the integrity of our profession.


Ours being Artists or Developers?  :)


> (No, I dont work for them, I do support the industry however)


Agreed.


Russ



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