So in my Analytics I track what people are looking for in order to get to my site. In this blog post I’m going to address some of them.
First off is
copyright law displaying client work
Now in all reality copyright gives you the power to display (and only the copyright holder). There are exclusions to these but not for client work (generally it’s educational use only – the technical term for legal display and use is “fair use”).
In detail they can be found in Section 107 of the copyright code which also sets out four factors to be considered in determining whether or not a particular use is fair:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
Now personally I think if you display work on your website it’s with the idea you will get more work from it which would make it of a commercial nature (and therefore, not fair use).
I have a clause in my contract which allows me to display client works, copyrighted to them or not, on my site.
Now to another keyword
cost to give clients original design files
I don’t ever give my clients original design files unless they purchase the copyright from me (+100% of design cost). If they wanted original files (assuming they would want to edit it and make more versions which is less business for me) they can just buy the copyright from me. I do give flattened artwork and in the case of web design – editable support files such as headers or templates for photos (like a border).
logo design copyright transfer contracts
This is another one that comes up a lot. My transfer form is very basic.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged April Sadowski (“Assignor”), located at ______________, hereby irrevocably transfers and assigns to ____________ (“Assignee), located at ___________________ its successors and assigns, in perpetuity, all right (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in _______________ (“Design”). Assignor is permitted to display Design as specified in contract (self promotional/portfolio display).
IN WITNESS THEREOF, Assignor has duly executed this Agreement.
April M. Sadowski
It’s pretty basic.
That’s all folks. Stay tuned for more later!