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Turning over project files to a client
So, this has probably been asked about 1 million times but I’m a freelance motion artists and one of my TV clients want’s my project files from a series that aired last season. They want to use my project files to build the motion GFX for this upcoming season. I know from past experience that someone either under bid me and they want to pass the files to them or they want to create them themselves in house. Generally I consider my project files my intellectual property and do not turn them over. The client owns the final GFX but I should own the means to create them since I developed them, right? I have no signed contract stating that they own the project files as well as the final GFX. In fact, there is no contract on this job specifically. I also do not have a general contract stating anything about them owning the project files.
I’d liken this to say…buying a car. Say I buy a ford pickup. Yes I own that car. Then next week I purchase an auto factory. I then go back to ford and say, “Well I bought the f-150 last year so I expect that you will pass on all of your technical information to me so I can build my own f-150 this year in my plant.”
Am I right here or wrong? Does this analogy apply to our business? They bought the f-150 (GFX package)from me last year do they then get the plans for the f-150 this year?
I know that I designed the GFX for them specifically so this may make a difference. Ford did not design the f-150 specifically for me. However, I still am 100% freelance. I do not work for them, I own my own business and see this as intellectual property.
I really don’t know what to do on this one…
Help???
Joel
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21 Replies
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If you have a contract you should spell out that its “intellectual property”. If you don’t have a contract then your client is out of luck as “IT IS” your intellectual property .
I recently had an argument with a client (with a contract) asking for the project files. He said, “If I buy Windows Vista software, it is mine and I get to take everything home .Why can’t I take the project files for this show?”
I told him that if he can get the source files for Windows from microsoft, I would give him the project files for free.
He went “AAAAAAAAHHHHHHHHH…..”
DONT give them up, they are your intellectual property, but you can sell them.
I did a show opening (special event) for a client they liked it so much, they asked for the project files so they could modify the opening and use it for next 2 years on various projects. I ended up selling it to them the project files for triple the price.
Emre Tufekci
http://www.productionpit.com -
Joel, I agree with your analysis that the project files are tradecraft, not workproduct, and you don’t give them away. However, you *could* give them over and charge them apropriately for it, if you felt like it.
I don’t see much downside since they’ve obviously decided to go with someone other than yourself, so if you get them mad, what’s the harm? It may even work out better for you to stand firm in this case, because the lowballer that underbid you was probably counting on the time and effort saved from cribbing your project files when he or the client figured their budget.
If they now have to do the project from scratch, that’s going to take more time and they may not even know how you did it… they may come back and ask you to do the thing again. If so, be totally courteous, but continue to protect yourself. Read carefully any written memos or contracts first, and if they just want an oral agreement, be smart and still get something in writing. Try also to get at least a token amount of money up front at signing time.
You know your work is good if you get an award: you know your work is GREAT when everybody is stealing or copying it:-)
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[joel jackson] “Generally I consider my project files my intellectual property and do not turn them over. The client owns the final GFX but I should own the means to create them since I developed them, right?”
Absolutely correct. They own the final result. You own the project files which are, in effect, your “services” that they paid for.
Unless it is stipulated in your contract they they are to receive the “Project Files” or “MetaData associated with the finished work” they are not entitled to your project files. That is your work and your “trade secrets” as it were.
I now specifically have a clause in my contracts that state Project Files are not part of any agreement and are not a deliverable. Those are property of my company. If they want the project files, it is a minimum $100 extra per hour, $1,000 minimum extra per project.
Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author.
HD Post and Production
Biscardi Creative Media“Foul Water, Fiery Serpent” now in Post.
Creative Cow Forum Host:
Apple Final Cut Pro, Apple Motion, Apple Color, AJA Kona, Business & Marketing, Maxx Digital. -
I agree. It’s like I painted a picture for them and they feel entitled to my brushes, pallet, and paints because they paid for the painting.
Joel Jackson
http://www.creativebloc.com/port.html -
A middle ground might be to sell the client some of the component parts — pre-comps without the underlying work that created them. Handled correctly they’ll not feel that you’re holding back on them and you won’t be giving away the “magic.” That said, DO make sure to get paid for what you turn over and keep it pleasant. Remind them that you’re available for future projects when the need for fresh creative trumps budgetary limitations.
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– no, really, I agree with the consensus about this. But I’m curious about a related issue. What if Client #2 came to Joel, and wanted something VERY similar to what he did for Client #1? As in, as close a copy as legally possible. How would you define that?
Clearly, Joel would be in the wrong if he simply re-created the entire look, substituting the new show’s name for the old. But what about repurposing the project files in a somewhat more disguised way? (like, um… I “might have” done myself….)
I don’t know anything about the high-end motion graphics market, but is there such a thing as a “look” buy-out? In which case buying the project files, for an appropriate added fee, would be part of the deal.
Just asking.
Bob C
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You can’t copyright an idea, only work.
So in your scenario, Bob, if the second artist can copy the work dead-on without even a single change, it flies in my book.
Otherwise, Windows would have never had a chance or a legal argument, would it?
;o)
Ron Lindeboom
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Ron, I was thinking about just one artist – the original creator – and to what extent he or she could essentially copy himself for a second client.
I know that artists get hired to repeat themselves (“We came to you because of that look you know how to do”).
Not a burning question – just something that the various posts made me wonder about.
Thanks.
bob
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You mean, like asking Ken Burns to do your documentary, and asking him to use a rostrum camera move on stills? Or Richard Linklater to do a commercial for you that looks like hand-drawn animation? Hey, isn’t this the point, that customers like to keep coming to a guy who can deliver a certain look, they are seeking that out specifically, even if he’s not going to make it a complete clone. How often do we get asked to replicate some look somebody saw in a commercial or music video? Love it or hate it, if you become the “flavor of the month” with some stylistic trick you did, get ready to be asked to do the trick over and over with variations until you or the audience get sick of it.
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I think an artist has every right to re-create his/her own look as many times as clients request. Unless the project files and look are totally bought out then there is no issue. However, if the rights are completely bought out for a certain look and all of the accompanying files as well, then copyright law applies. The look must be changed X% (I’m not sure of the actual wording and percentage) to not infringe on the rights of the owner, in this case being the company that bought the work from the artist.
However, this is veering off topic. No one has paid me for my project files yet!
Joel
Joel Jackson
http://www.creativebloc.com/port.html
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