Copyright question
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- _niko
I created a series of icons for a client and the client is asking me to sign over copyright to them. It makes sense in that they want exclusivity and they wouldn't want me selling the same icons to competitors or to the general public as it would dilute their brand.
Is it standard practice for artists to sign over the copyright?
is there typically a licensing fee associated with it?
Anyone have any experience with this?
- _niko0
It's for an architectural firm for internal company awards so I think there is little danger of them flipping them and selling them on icon sites or on T-shirts etc. which would be my only concern.
I suppose I can add that provision? The icons are theirs exclusively as long as it pertains to their business and the initial intended scope. So if they start selling them and using them to make money unrelated to their core business, then I should be able to do the same thing?
- You can add literally whatever provision you like - it'll be your license. Now, whether they sign that or not is up to them.Nairn
- Actually, sorry - thais would apply BEFORE you'd been paid to make them by your client. Sorrysorrysorry, I'm a bit fuzzy today,Nairn
- yeah so if there was no provision in place, and no contract pertaining to ownership, can I add that now before I transfer ownership or is that moot?_niko
- Wordsworth0
Licensing fee for sure. Search for how much to charge for what medium its going to be used? And how many copies etc. Maybe add a time limitation for usage or lifetime, so it all goes in when handing over stuff, even if its icons alone. Maybe I'm too pedantic. Best of luck niko!
- thanks Wordsmith, I'll feel them out to see what their ultimate usage goal is if anything beyond the initial scope_niko
- yep, some clients do actually love a well educated seller. Some hate it, but nevertheless do your homework for this once, and next time you will be ready.Wordsworth
- hans_glib0
in my experience the copyright fee is nominal - they've already paid you for the design. so usually it's £1 or similar (some money has to change hands for it to be legal), unless of course your contract says that they only have usage rights, in which case the copyright assignation fee is up for negotiation.
- yeah no contract dictating usage fee, I typically give the the artwork to do as they please in good faith that they won't re0-se it or re-sell it and I do the s_niko
- ...same, I never use the same artwork or design for another client as standard practice. These guys are giving me steady work as well so I don't want to be diff_niko
- ...difficult, but I also don't want to see one of my icons on the jersey of a new NBA team or something and I'm SOL lol._niko
- monNom1
It’s not standard practice IMO. Typically a company acquires a licence, maybe an exclusive license to use the work you’ve produced, that might be an implied term of the contract if it wasn’t written. If there’s no explicit transfer of copyright, the copyright stays with the creator, though being an employee or under a work for hire arrangement can change that.
I would asks them what they need copyright for in order to get a clearer sense of what they are trying to accomplish. Typically their license is sufficient for most any requirements. I wouldn’t give away a right without a good reason, and maybe some sort of compensation. It’s hard to know what compensation might be appropriate without an explanation from them. It might be, as was suggested, that they were approached to sell one of the icons for a logo or something and they need to hold the copyright to make that happen.
- dibec0
Rights managed my guy.
- dibec0
some factors to help:
- image size and resolution
- geographical area where the photo will be used/distributed
- medium in which the photo will be used/distributed
- length of time the photo will be in use
- volume of copies or reach of the distribution of the photo
- purpose for what the photo will be used (what industry, etc)
- exclusivity rights to use the photo (when available)