Your Project is Approved... Now What?
You landed the client and worked your butt off. Finally, after rounds and rounds of edits, the client says the magic words “It’s approved” and the work is done. Although, the work, arguably isn’t quite over yet. There is a final bow that needs to be tied on this present before you can hand it over.
Who gets the source files? Source files are the original files made by the designer. For example, if you created a logo in Illustrator, it would be the .ai file. Unless your client is your full-time employer, or you signed a contract that specifically says your employer or client has a right to that intellectual property, the original work is your property. A common analogy for property ownership used in law school is that as an owner you are entitled to a bundle of rights (sticks), each stick represents a right you have as an owner. It’s up to you, the owner, on how to disperse those sticks.
In many cases when you’re working with the client, the original source files are not needed by the client. They may not have the tools or software to work with the original files anyway and it’s a moot point. As a creator though, it’s important to be aware of the intellectual rights you have. It’s important because no one else is going to remind you of the rights you have as the creator. Freelancing is a tough business, you have to know your worth and make informed decisions. I believe knowing your rights helps lead you to a choice that’s right for you. When something is taken from an idea to a tangible product, it becomes copyrighted. The work is personal property of the creator. Technically it isn’t supposed to be replicated or tweaked by others. The client is paying for a finished product and the time spent making it. Not necessarily the original files. A person will pay an architect for a finished house, not the blueprints.
This reminds me of a great story…
I’m thinking about this really interesting case about copyright Naruto Vs. Slater. David Slater, a wildlife photographer, traveled to Indonesia and befriended a group of macaques. Slater set up his camera and one of the monkeys took a selfie. It turned out to be a very cute photo, and became famous on the internet. Slater had a dispute with Wikipedia because they claimed the picture to be “public domain” (meaning anyone in the public can use it) because an animal cannot legally own copyrighted works. Then a year later, PETA sued Slater on behalf of the monkey to have the copyrights to the photograph! It has since been decided by the court that the monkey is not under the U.S. Copyright law, and the photo is not the monkey’s property. It’s a very fascinating story. Definitely check it out if you’re looking for a good read. I guess the moral of the story is don’t be like the monkey and not know what your rights are.
More often than not though, the client doesn’t need the originals anyway, they’re looking for file types that can make it easy for them to do what they’re trying to accomplish. For instance, if they hired you to make a brochure, chances are they are looking for a PDF that is print ready. They want a finished product in PDF format with crop marks, bleeds and in CMYK. The best way to understand what the client is looking for, is to just simply ask about expectations and have it in writing ahead of time. This saves a lot of headaches later if the client is confused why they’re not getting the original files if you chose not to share it with them. If a client is asking for the original file, it really depends on your relationship with the client what you choose to do. Every designer does it a bit differently. Ultimately, you yourself have to make that call. That’s why you need to read up on intellectual property and learn more about the rights you have as a creative. To learn more about what rights you have so you can make an informed decision, check out this article by the American Institute of Graphic Arts (AIGA) on intellectual property. It's a very thorough explanation and goes into detail about copyright laws, collective works, trademarks, fair use and more.
I hope this article leaves you with a sense of empowerment about your rights as a creative! What do you do with the original files in your own practice? Comment below what your best practices are!