Re: FLASH: Giving out source files

[David Gary]

"Russell E. Unger" wrote:


> David Gary wrote:

>

>

> > 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.


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


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.

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.

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

posted to this list yet.

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.

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.

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

exploited by these uneducated practices

however.


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.


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.


How extensive is the internet!?


Also, I didnt mention about the "COMPS" post. After re-reading my reply I didnt mention than

Comps are not

free. ANY work that you do, you should be compensated for. If someone is interested in your

work then they should

not have a problem paying you for any custom work that you do, It doesnt matter if your

"hurting" for the work or not.

If they are not willing to compensate you for comps, then they usually arent in the practice

of paying you what you're worth.

Do not involve yourself with people who want something for nothing. I charge for COMPS,

unless they are for family

members, close friends, or clients that I have an established relationship with.


hths,


-DG-


_______________________


-David Gary-

Interactive Media Producer/Designer

http://www.davidgarystudios.com

dgarystudiosmpinet [dot] net (mailto:dgarystudiosmpinet [dot] net)

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