Should design agencies provide their clients with work files?

Wednesday, July 7, 2010 // 0 Comments // Design & Marketing, Discussion, The HM Blog

This issue is a common one faced by all design agencies and their clients. There are clearly grey areas to legal ownership and the legal precedents are constantly challenged and evolving. Harrington McDermott look into the moral and legal issues surrounding giving clients computer files of work done on the clients behalf.

The Legal Position

Tools used to produce work, remain the property of the producer. Clients are purchasing the end product from a design agency, not the tools which produced it. Therefore these ‘production tools’ remain the legal property of the design agency. Tools include:
• Software
• Film ie both a digital file and a negative
• Artwork
• Computer files

Latterly, website design and production has created confusion in the area of ownership and copyright. Logos and branding will be protected by trademark laws (if applied for). However unless an agreement has been signed to the contrary, a website design remains the property of the creator, the contractor, the design agency.

Maintaining Good Client Relationships

Design agencies want to maintain good relationships with their clients and Harrington McDermott pride themselves on providing clear, concise and excellent customer service to clients.

We advise preventative action from the outset. When a design agency submits a proposal or estimate to a potential client, it is good practice to include a paragraph explaining who owns the material, in the terms and conditions of a contract.

Files That Should Never Be Given To Clients

• Fonts and Software – these products will be subject to licenses and are non-transferable. Clients will have to purchase their own fonts and software.
• Photos (digital and analogue) and Illustrations – permission must be requested from the owner of the copyright (eg the artist).

Exceptions?

Design agencies with good client relationships will clearly exercise an element of goodwill. For example a client might require the files for a job the design agency is not involved with. Perhaps the cost of handing over computer files will be insignificant compared to the potential new work from maintaining happy client relationships.

The Moral Position

Design agencies spend many hours, talent and expertise laboriously preparing files that can be challenging, detailed and complex. These services give a design agency their competitive edge and are why a client contracts a design agency in the first place.

Therefore, from a moral perspective design agencies should be confident to say ‘no’ to a client request for working files. Alternatively a charge could legally be levied but that would be at the discretion of the agency. Whatever the outcome, clear communication between a client and a design agency is the key to maintaining excellent client relationships and to the production of quality work. That way we’re all happy.

(Please note: Clients and agencies are always advised to take legal advise on the matter of ownership and copyright.)