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  #1  
Old November 3rd, 2005, 08:45 PM
spacebass5000 spacebass5000 is offline
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Tip of the licensing iceberg?

I have a client that had me rebuild the index page of their site. They are going to use it as a template for the rest of the pages on their site. I gave them the html, the attached css file, and their optimized image/flash files.

They are now asking me for the .fla and .psd files. I am not comfortable with this.

I would have to assume that this is totally not standard practice. How can I explain this to my client?

What is standard practice?

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  #2  
Old November 4th, 2005, 03:20 AM
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The .fla and .psd files are yours unless explicitly stated in the contract between yourself and the customer.

ASSUMPTION: You were contracted to simply rebuild the index page for a fee.

If the artifacts used to create said page were referred to in the agreement, then they might be subject to the agreement.

QUESTION: Is there the likelihood of more work from this source, if so bear that in mind when negotiating a price for the artifacts
/edit, I'm making the assumption here that you don't wish to license said artifacts. If this is the case, then ensure that the artifacts themsleves are the only licensed objects, not the process of how it was done etc.
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Last edited by Axweildr : November 4th, 2005 at 03:41 AM.

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Old November 4th, 2005, 07:10 AM
spacebass5000 spacebass5000 is offline
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yes, there is definitely going to be more work from this client...

you said:
Quote:
If this is the case, then ensure that the artifacts themsleves are the only licensed objects, not the process of how it was done etc.

the "artifacts" being the optimized graphics, design/layout, and html source?

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Old November 4th, 2005, 07:12 AM
spacebass5000 spacebass5000 is offline
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we never stipulated anything... this was done on a handshake and I am open to handing over my source

I am thinking that I would like to charge a 25% fee on top of the hourly rate I billed for being asked to hand over my source. This absurd?

I only billed 5 hours @ $55.00 an hour for everything.

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Old November 4th, 2005, 07:50 AM
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I meant a flattened file, no layers, these files could be handed over to another designer, to carry on from where you left off, at less money.

How long is a piece of string? If you're happy with the work, and the client's happy with the work, then value is a multiplier.

OPTION: Ask the client if its ok to put the files in escrow, that way he has access to them in the event of a fallout, and it should keep the show on the road as well.

These are just suggestions, not advice, I'm not qualified to make judgements based on the small amount of information posted here.

HTH

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Old November 4th, 2005, 08:34 AM
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I wouldn't give them to the client. If you purchased a can of Coca-Cola, and you thought "hmm, this is good, but I want to change something" do you think Coke would hand over their recipe for you to alter? Of course not. Why? Because that's how they stay in business. You keeping your .psds and .flas to yourself help you keep in business by holding your own trade secrets secret (i.e. any effects you've used/created). If you make them public, you are giving them the ability to no longer rely on you and it will put you out of business (with this client).

Keep them and don't budge on the matter.

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