Can I give Adobe files to company for commercial use

[charmainem26296207]

Hi, 

I have made a book cover for a company using Illustrator and InDesign. They now want to use it and want the files - including fonts. 
In order to change any content, they would need someone else with the Adobe license to do so or buy it themselves. 
Is it legal for me to give them these files? 
Also - I am a student and I used the student license back then to make this cover. Dont know if this change anything. 

Hope you can help me with this question. I just want to be sure - and do the right thing. Thank you so much in advance!

[Willi Adelberger]

You can pass on the INDD and PDF files, not the font files. They have to buy the funts themselves or download them from the original source.

[charmainem26296207]

Thank you for answering! I wasn't sure about the font either - so that is nice to know! 😄

[JonathanArias]

yes, you should give them the files by packaging them

they will need their own adobe sotwared, yes, this is normal, this is how it works. 🙂

remember, you don't own the work you do for people. they do. the client paid for the cover, they own it and have the right to the files anytime.

[BobLevine]

Going to respectfully disagree, Jonathan. That is only the case if you're an employee or you've been contracted to supply those files. Otherwise, they get a PDF and that's it.

[charmainem26296207]

Really happy to get this question answered! Thanks so much! 
I have been unsure, if this was the case or not. 

They asked me to make the cover. But they have not asked for the "original" files at first. Just for a book cover. No contract was made either. So I wasn't sure about above mentioned. 

[Brad @ Roaring Mouse]

Unless you've created an expressed written contract/agreement between you and the client to transfer the rights to all worrking files/assets, whether they've paid up or not, the working files belong to the creator (except fonts, of course and things purchased on per use basis, like stock photography which will have their own rights depending on how they were purchased). It can get iffy if there's no written contract even then, and it could likely go to court if it gets touchy on that point.

In general, most designers just let them have 'em, maybe with a "lookup charge" or "admin charge", particularly if they are spending time to assemble and package the files. Fonts are a different story.; Even if you CAN package fonts that have no restrictions, it is illegal to pass them on. They can get pissy about that, but no contract you can sign with the client can override that.

[Derek Cross]

Normally you supply a customer with a suitable PDF – are they paying you for the original files as well as the design?

[charmainem26296207]

I am very new to this - so I have honestly not agreed this with them to begin with. They just asked me for a book cover and paid for this. But they haven't asked for the original files at first - only just now. 

[Derek Cross]

This matter is important, not only for the copyright of your designs but especially if your design includes content, such as photographs and illustrations that may have copyright and other caveats.

[charmainem26296207]

I haven't used any photos - only illustrations made by me

[charmainem26296207]

And a font of course! I know however now, that I can't give them this, so thank you very much for your help on this one 🙂

[JonathanArias]

choosing adobe fonts would be a good idea to not have to deal with licensing. last thing a customer wants is a bill for a font license they did not ask for or can afford and/or now they have to change the design.

[Derek Cross]

Maybe you weren't using Photographs and illustrations, but I was making the point to others who might be following this thread.

[Brad @ Roaring Mouse]

It can come down to good will. If they want the files because they want to go somewhere else, that's sucky, so you could press the issue. But if they/you intend to work together again, you can make any arrangement you want. To refuse may force them to make the decision to never work with you again no matter what the legaility. Some clients want the files so they have them on file should they need them again in the future... maybe you aren't around at that point? Regardless, they don't get fonts! 😉

[JonathanArias]

Totally agree. I ask for files from my freelancers. I would not use a person that would not give me their files. And last, that is how I can tell the skill level of the freelancer.

[BobLevine]

As long as that's agreed to upfront, it's fine. After the fact, no. It's not required though I'd certainly be willing to negotiate something based on how the job had gone and why they want it.

[JonathanArias]

i agree, i have contract for everybody.

but...

If you want to work with the same person in the future. Keeping the client happy is crutial. specially starting out.

[Barb Binder]

My 2¢:

• Work for Hire agreements are fairly common for freelancers in our industry. From wikipedia: "[a work made for hire] is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work". (https://en.wikipedia.org/wiki/Work_for_hire) As a freelancer, if I haven't signed a WFH, I don't send over the original files. But as per Brad @ Roaring Mouse, goodwill is important, particularly if you want to work with this client again, or use them for a recommendation. It sounds like you are just starting out—so I would look at this as a learning opportunity. Do what you need to do to keep this client happy (but don't send the fonts—as previously stated, that is illegal), and clarify the expectations before you start the next job.
• I also wholeheartedly agree with @JonathanArias. Reviewing how someone set up a document is the best way to gauge their skill level in the application. If you are handing over original files, make sure they are well-organized and pristine. In both apps, name and organize your layers, use styles, don't use ¶¶s for spacing, etc.

~Barb