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How much to charge client for project files?

Forum|Forum|7 years ago
May 16, 2018
18 replies
30997 views

Have a client that wants all Premier and AE project files for a job we are doing for them. They want to take the files and edit in-house should anything need to be changed in the future. How many out there charge for this? How much?

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Correct answer John T Smith

I think you need to contact a lawyer to read your work contract, to advise you on what the client owns

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Erik Lord

Inspiring

While I don't make it a default habit to provide source files at the completion of a project, I do if they so request, and/or certainly if it's so specified in the contract.

However, in any case where I do give the source files to the customer, I make the same note as Brad - support stops, as I don't then know what changes they've made to source/published. If they need my help later, its a new project and they must hand over the latest source back to me (or note 'no changes since last project' and I'll work with my source...but then no complaining if they say 'why is the text different'?! ).

Brad Lawryk

Legend

I have always handed over the source files. 99 times out of 100 the client has no idea how to use them anyways. I always tell them that support stops with the handing the files over. They need help it's a pretty hefty charge. It's usually worked out better for me to just hand them over (with the exception of any copyrighted material such as fonts and original unedited stock images).

Brad Lawryk

Legend

I should also add that I always remove my name from the work as well.

D Fosse

Community Expert

It's well worth reading, and re-reading, the link posted by SJRiegel. I'll repost it here for convenience: Who Owns the Rights to Your Design Work?

Under European copyright law you automatically have full copyright to your work. You can then decide to sell whatever parts of it you choose. As the creator, you have full rights to decide what to distribute and what not. This is automatic, from the instant the work is created. Anything else needs to be specified by prior agreement.

In an employment situation, it's natural to hand over shared rights to your employer (I'm in that situation). But you still have your original copyright! To share that with an employer (or perhaps hand it over completely) - you need to make an agreement to do so. I have, in written form.

Common sense applies here. Obviously an employer won't hire you if you refuse to give away your exclusive copyright. It's equally obvious that you can't use any of the material in a way that might harm your employer.

But for freelance work - your work files are your own. Unless specifically agreed - or there are very special circumstances that naturally suggest otherwise.

Common sense actually plays a large part in copyright law. It's the guiding principle. That's why it tends to get complicated.

Ussnorway7605025

Legend

it's common sense to keep a copy of the files for backup but yes in most scenario the client owns the working out files

S

SJRiegel

Legend

From a legal standpoint, the client does not own the working files, though the designer may choose to give them.

From an AIGA article on the subject:

Ultimately, the choice belongs to the designer as to whether or not she will part with the valuable source files created during a project. Designers begin with a fairly strong legal position in a source file dispute, but this position would do well to be tempered with attention to your relationship with the client and with your overall approach to business. And lastly, your best friends in this issue are upfront, frank discussion with your client and a well-written contract.

Does A Designer Have to Turn Over Source Files When A Client Asks For Them? | AIGA Los Angeles

Ussnorway7605025

Legend

does this client live in Los Angeles then?

C

Carlos Ziade

Community Expert

but for the project files, a good idea is to specify in a contract that they cannot use

them in other projects for other clients that they charge especially if you have done

lot of creative work that you own full copyrights for ... they cannot resell your project this way

shelleyp82438848Author

Known Participant

Thank you...you make a very good point. I didn't think of that

C

Carlos Ziade

Community Expert

you are welcome Shelley ! anytime

C

Carlos Ziade

Community Expert

suppose you are shooting a wedding, the same rules apply, all photos and video rushes, edited and non-edited,

belong to the bride and groom since they pay you for your services ...

K

kristopher wile

Participant

Actually, this is not true at all, especially when it comes to photography. When someone hires a photographer, whether for a wedding or any other use, the photographer retains the copyright to their photos and the client receives a license to the number of photos specified in their contract. This license could be for worldwide use in perpetuity if the photographer allows, but the photographer still owns the copyright and retains full control over all unedited photos unless explicitly stated in the contract. This is standard practice in the professional photography industry and goes back to when photographers controlled the negative and made money on prints. This is why it is critical to explicitly state in the contract what the client is getting for their money because there is a lot of misunderstanding and misinformation out there regarding this. Video has a different set of standards since it's more collaborative in nature and most camera operators sign work-for-hire agreements transferring the copyright to the production company. But if said agreement has not been signed (or money has not been paid), then technically speaking, the same copyright rules apply to the camera operator's footage as well.

gerryg83w

Participating Frequently

That idea of the photographer's owership of the negatives (which the client pays for) raises a sore point for me. Our wedding photographer closed his business, without notifying his clients. There are several prints I want to replace, but the business can't be contacted, so I guess negatives are gone. We should at least have been given the option of buying them. I think what happened was legally and ethically wrong. I will send the files or negatives to my clients instead of tossing them when I quit my business.