Many of you are hiring designers for the Merch by Amazon program. There is nothing wrong with that, but there is some confusion as to who owns the source files. I hear clients complaining about how their designers won't hand over the source files. So the question is, "who owns the rights to the original source files?"
The common misconception is that the client has the rights to the original source file. However, that is far from the truth. The AIGA, which is the largest and oldest professional association for design, states that "copyright is the exclusive right to control reproduction and commercial exploitation of your creative work." This means that giving the source file violates the copyright.
As a client, you are typically always paying for the final product. The source file is never to be included upon delivery unless it is something you discuss with the designer in the beginning. Most designers are willing to include the source file with the final product for an additional fee.
While I'm not an expert on this particular topic, I understand the norm. It's always best to talk to intellectual property attorneys. You can also read more about copyright for graphic designers on the AIGA site.
It just seems to me that outsourcing a huge pain in the ass. Do I have the rights to the source file? Does the graphic designer have the rights to the images or fonts they are using? In the end, I've just decided that I'm going to make my own designs. I suck at it but they do sell. I know that I've bought my images and fonts as well. I won't be able to mass scale but I feel like I'm cutting down on the risk of losing my Merch account.
The whole business practice in graphic design can be overwhelming to how much to charge and who owns the rights. Keep at it. You will become better in design the more you do it.
Hey Yong!
Glad to see you made it over to Steemit! Great post and looking forward to seeing more of you here in the future.
A designer has to sign the right over in someway legally I would think for them to be transferable right?
Hey, buddy. I'm going to add you as we speak. It's all in the contract. The best practice in the industry is to write up a contract, and in the contract, they should disclose all terms and conditions.
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