Re: FLASH: Giving out source files

[Jim Curry]

My two cents:  I keep source (fla) files.  I retain ownership/copyright

on art created (ie a dog, a cake etc..) unless otherwise discussed.  The

pieces  also have my name on them.  I can use any character as long as

it isn't associated with the client's logo or name for other projects. 

The price would go up dramatically if I surrender the source file and

give up the right to use any of the art again.  This has worked well so

far.  I admit that I have had only 2 clients (Time Warner(one project)

and Microsoft (five plus projects), but I really just do freelance on an

occasional basis.  The people I have worked with have been very cool

about it.

JC


David Gary wrote:

> 

> "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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-- 

Jim Curry :-)

Virtual Curry

"A nice place to unwind on the internet"

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illustrations, music and more

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************Stop by and Relax!**************************

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interactive pieces.  Be sure to try out the new PaintBall Flash 

Game for 1 or 2 players.

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