I've read a few articles on this site about Intellectual property and examples and I thought I understood it, but now I'm not so sure. Would appreciate any advice.
I've only been freelancing for about 7 months now after being an in house designer for many years. I found a basic T&C's document for freelancers form a law site and have been sending that out with quotes.
I have a potential client that wants a logo, social media graphics, website backgrounds and icons and is querying the part in my T&C's that sates:
'We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in
connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.'
I thought from reading it meant that's to protect me so if they were to take any concepts I provide in the process and pass on to another designer or alter/copy anything or sell on. I've said the final designs are theirs exclusively and I will not sell on to any third party. I only ask that I be able to use them for personal promotional purposes.
Now I've seen this wording on MANY designers sites so I thought it was pretty standard? They're now saying that retaining the IP only works if I then provide a license for use to my customers stating what the graphics can and can't be used for. The Ts & Cs make no mention of the license and as they stand mean I have no control over the work. They might indeed need to pass them onto another designer if I were unwell or unavailable to work on them.
So do I set up a license contract and also charge much more for signing over IP rights? This is the first time anyone has had any issues.
