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Paying for archived artwork
theproductionhouse
Messages count : 1
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12 January 2010
Hello all,
Newbie here that could do with some sound advice if you could help out?
I have been working for a particular client for nearly 7 years and, after a very good run, I have been told that my services are no longer required. I would normally just shrug my shoulders and move on, but sadly nepotism has caused our separation and it has left a bad taste in my mouth.
I have some outstanding invoices that I am about to send in to them, which they have asked for, but now they are asking for all of the previous artwork that I have produced for them… in particular a huge technical portfolio, approx 200 pages of converted CAD files and basic line illustrations.
I am quite thorough with my filing, but all the same, retrieving the artwork (approx 65gb plus 35gb of high res location photography) is going to take some serious time.
Do you think it is unreasonable to ask a fee for doing this?
I am also aware that if I give them my photographic library, then it can be used as the (ex)client sees fit. I would happily do this for an agreed fee (I am not likely to need the images ever again as they are specific to this client) but am loathed to just hand it over.
Does anyone on here know the legal position regarding this? Am i obliged to hand over the artwork as they have paid all of their invoices to date?
Am I able to ask them to desist in using any of my photography, be that in print or the interweb, until they agree a fee?
Or do I simply just have to hand it over as they own the copyright?
Your help would be greatly appreciated.
A
Newbie here that could do with some sound advice if you could help out?
I have been working for a particular client for nearly 7 years and, after a very good run, I have been told that my services are no longer required. I would normally just shrug my shoulders and move on, but sadly nepotism has caused our separation and it has left a bad taste in my mouth.
I have some outstanding invoices that I am about to send in to them, which they have asked for, but now they are asking for all of the previous artwork that I have produced for them… in particular a huge technical portfolio, approx 200 pages of converted CAD files and basic line illustrations.
I am quite thorough with my filing, but all the same, retrieving the artwork (approx 65gb plus 35gb of high res location photography) is going to take some serious time.
Do you think it is unreasonable to ask a fee for doing this?
I am also aware that if I give them my photographic library, then it can be used as the (ex)client sees fit. I would happily do this for an agreed fee (I am not likely to need the images ever again as they are specific to this client) but am loathed to just hand it over.
Does anyone on here know the legal position regarding this? Am i obliged to hand over the artwork as they have paid all of their invoices to date?
Am I able to ask them to desist in using any of my photography, be that in print or the interweb, until they agree a fee?
Or do I simply just have to hand it over as they own the copyright?
Your help would be greatly appreciated.
A
- Contact in PM
workinprogress
Messages count : 30Likes count : 0Registration : 17 April 2007Archieved Artwork
As far as I know it depends if you worked in their studio then everything is theirs but otherwise as a freelancer all copyright is yours unless you signed it over. They won't like it but it's your IP, you gave them the right to print it etc but they don't own it.
I would charge them a project fee for compiling all the documents and the rights to use them freely in the future. Go in confident as they are likely to try and frighten you with legal mumbo jumbo. - Contact in PM
Opus
Messages count : 87Likes count : 3Registration : 4 February 2008At the very least, a fee for the time and resources that you will use to get all the work together is not unreasonable. Anything else may well depend on any T&Cs you have regarding this sort of situation. Also, you may take into account the hassle of asking for a fee/further loss of relationship, compared to the payment you might receive. I obviously don't know the full situation, but is there any chance that your client (either the company itself or an employee who may move elsewhere at some point) might come back to you for further work at some point in the future or might refer you elsewhere? If so, be wary of burning your bridges.
As workinprogress says, go in confident, remain professional and explain why you are charging the fees (it may not even have occurred to them that there are licence issues or that it will take you a considerable time to organise). It will then be for your client to decide whether the they still wish to have the artwork based on the fee quoted. Sometimes clients only really want the artwork as a security measure incase they ever need it in future - once a fee is quoted they sometimes decide they don't really need it. That said, handing the artwork and photography over in exchange for an extra payment from a client that you will no longer be working for is probably better than keeping it exclusively on your archive but never receiving any further income from the work.Opus Creative Design Ltd