Computer Graphics with Photoshop - working files to client..?

Author

working files to client..?

Dave B

2006-05-09, 6:17 pm

I just did a print ad for a client and sent over a PDF to the magazine. All
is fine on that end...

Then the client sent over an email requesting my "working files" (i.e. my
layered Photoshop file). What's the normal protocol on such a thing? I'm not
feeling inclined to send them to him - but did he pay for them by virtue of
paying for the job? (it was not discussed beforehand, and we have no written
contract).

Thanks...

DB

Hunt

2006-05-09, 6:17 pm

In article <CV28g.528$y4.514@newsread2.news.pas.earthlink.net>,
davegnbNOSPAM@hotmail.com says...
>
>I just did a print ad for a client and sent over a PDF to the magazine. All
>is fine on that end...
>
>Then the client sent over an email requesting my "working files" (i.e. my
>layered Photoshop file). What's the normal protocol on such a thing? I'm not
>feeling inclined to send them to him - but did he pay for them by virtue of
>paying for the job? (it was not discussed beforehand, and we have no written
>contract).
>
>Thanks...
>
>DB

Not being a properties attorney, I can only speak from my position as a
photographer/photoshopper [is that even a word?] - Unless the client has a
real production need for the PSD, they never get it. The only exception would
be if something is not right and the job is virtually "on the press." Even
then, I would be disinclined to send the file, but would rather work through
the night to make it right.

It's like on a photoshoot. I may create tons of images, where only one will be
delivered to the client as a final. They do not get all of the tests, and R&D
shots - only the final.

To date, I have never had a problem. My first reaction is that they may wish
to reverse-engineer the work, so that an in-house tech can reproduce the
efforts next time. When that situation comes up, I'll hire out as a
consultant, and charge the client for "teaching" the tech how to do it, but
not just hand over the work images.

Just personal thinking and practices,
Hunt

--
NewsGuy.Com 30Gb $9.95 Carry Forward and On Demand Bandwidth

iehsmith

2006-05-09, 6:17 pm

On 5/9/06 10:53 AM, Dave B commented:

> I just did a print ad for a client and sent over a PDF to the magazine. All
> is fine on that end...
>
> Then the client sent over an email requesting my "working files" (i.e. my
> layered Photoshop file). What's the normal protocol on such a thing? I'm not
> feeling inclined to send them to him - but did he pay for them by virtue of
> paying for the job? (it was not discussed beforehand, and we have no written
> contract).
>
> Thanks...
>
> DB

Did they state why they want the PSD? (Did you lay the entire ad out with
text in PS?) Did you agree verbally or otherwise to the term
*work-for-hire*? You have a kind of mixed bag because advertising law is its
own category. They may own the ad layout (one good reason to layout in a
layout program), while you own original artworks.

I'm not an IP attorney and don't even play one on TV, so an attorney
consultation is your best bet on info. Barring that, use the web.
http://www.gag.org/resources/index.php
http://www.fplc.edu/tfield/CopyVis.htm
http://www.advertisinglaw.com
There's a book I keep intending to get, along with a few hundred others,
called The Advertising Law Guide.

My ponderings:
Without a contract, AFAIK, any original artwork remains your property and
your copyright and the client is buying usage rights/license for a
particular instance. But you have things to weigh before you take a stand.
First order of business is to learn what their intentions are, why they want
the PSD. Is this a first time client or someone you do business with on a
regular basis? Do you wish to form a long term business relationship with
them and think it's possible? (Was the project(s) a pleasant, agreeable work
experience?) What value do you place on the original artwork? Would you
resell usage license to other clients or is your only concern with your
portfolio?

It's a cart before the horse situation and now you need to define scope of
project and define terms. I imagine we've all done work without a contract.
If you're willing to release the work for their continued use in ads; define
what they are purchasing (license or ownership), how they may use it and
what changes they may/may not make.

inez

KatWoman

2006-05-09, 6:17 pm

"Hunt" <noone@hunt.com> wrote in message
news:e3qg1g01bt@news3.newsguy.com...
> In article <CV28g.528$y4.514@newsread2.news.pas.earthlink.net>,
> davegnbNOSPAM@hotmail.com says...
>
> Not being a properties attorney, I can only speak from my position as a
> photographer/photoshopper [is that even a word?] - Unless the client has a
> real production need for the PSD, they never get it. The only exception
> would
> be if something is not right and the job is virtually "on the press." Even
> then, I would be disinclined to send the file, but would rather work
> through
> the night to make it right.
>
> It's like on a photoshoot. I may create tons of images, where only one
> will be
> delivered to the client as a final. They do not get all of the tests, and
> R&D
> shots - only the final.
>
> To date, I have never had a problem. My first reaction is that they may
> wish
> to reverse-engineer the work, so that an in-house tech can reproduce the
> efforts next time. When that situation comes up, I'll hire out as a
> consultant, and charge the client for "teaching" the tech how to do it,
> but
> not just hand over the work images.
>
> Just personal thinking and practices,
> Hunt

I make a cropped flattened tiff in what they ask for (cmyk 300 etc) cropped
and a proof print the way I'd like to see the finished, with a note to refer
to the PSD file if necessary. I always hand in the PSD for the printer in
case he needs to adjust levels, move the type, change cropping etc. I also
include one JPG for sharing on internet and for clients whose comp freezes
on large files.
I also include pertinent copyright info on the same CD and my contact info
in case they want to send it back to me for adjusting.

I made a website using some custom artwork and the woman's new distributor
asked for the files to re-create it. The client paid me for the art and the
site so I think she can use it any way she wants. They ended up not to use
it anyway and made what they liked which is inferior artistically to mine
but is more "commercial" to their way of marketing.

(it was not discussed beforehand, and we have no written[color=darkred]

in general this is not a good habit, ALWAYS discuss and preferably get in
writing ALL legal obligations on the part of both parties and how much and
what they get for that price.

In commercial photo jobs we hand in every image and let the clients select
and do the artwork unless they ask us to edit, retouch or print images
(extra charge). Of course we have VERY specific contracts about usage and
rights granted all settled before the shoot.

working out a contract now if all goes well we get to got to Hawaii (yay) in
August.

Wizard of Draws

2006-05-09, 10:16 pm

On 5/9/06 11:53 AM, in article
CV28g.528$y4.514@newsread2.news.pas.earthlink.net, "Dave B"
<davegnbNOSPAM@hotmail.com> wrote:

> I just did a print ad for a client and sent over a PDF to the magazine. All
> is fine on that end...
>
> Then the client sent over an email requesting my "working files" (i.e. my
> layered Photoshop file). What's the normal protocol on such a thing? I'm not
> feeling inclined to send them to him - but did he pay for them by virtue of
> paying for the job? (it was not discussed beforehand, and we have no written
> contract).
>
> Thanks...
>
> DB
>
>
This has been discussed a number of times and I think the common consensus
is no. The client has hired you to create the end product and isn't entitled
to the individual materials used to arrive at that end product. Obviously
that doesn't apply to materials supplied by the client.

Working files are only asked for by the client in order to avoid paying you
for your work in the future when they want to reuse it. You are entitled to
compensation for reuse of your work, unless you have a contract in place
stating differently.
--
Jeff 'The Wizard of Draws' Bucchino

Cartoons with a Touch of Magic
http://www.wizardofdraws.com

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