Design contracts for flash

[oculus]

Hi, folks.

This isn't a design question, or a programming one. But I'm dealing with a client -- concerning a flash web site -- who has a team of people deliberating over my standard design contract. The one member who is most technically savvy insists they own the copyrights to the site; my typical arrangement is to keep copyrights and transfer usage rights to teh client. As a compromise, they want to have me put the source code in escrow in a bank, who will release it back to me should I need it for further redesign, etc.

I have two questions:

1) has anyone ever heard of this before? Is this common?

2) how do YOU handle flash source code for paying clients? Who holds the copyright?

Thanks for any tips or advice you can offer.


Oculus.

 

[coldfused]

what are the benefits of you keeping the copyrights and transfering usage rights?...if it is there product wouldn't your copyright be pretty much useless...i mean you are the designer but is it not macromedia's code that is actually in debate?...

sorry but i don't understand your reasoning...

carlsatterwhite@endangeredgraphics.com

 

[oldnewbie]

Oculus,

Cannot really answer your first question, 'cause Web or Flash design is not really my line of work... Just fooling around with it facing retirement in the next few years! I really am an Oldnewbie!

Have a look at these (see Copyright Questions)... May shed some small light!

http://www.gdc.net/client_ethics.php

http://illustrators.co.za/mag.htm

Or maybe even this book:

http://shop.barnesandnoble.com/book...om/booksearch/isbninquiry.asp&isbn=1880559897

Regards,

ldnewbie

 

[coldfused]

did you get my mail?

carlsatterwhite@endangeredgraphics.com

 

[oldnewbie]

YO! Thanks! Just replied!

ldnewbie

 

[oculus]

Virt:

I guess my thinking is that if they own the copyrights, they can take my design to any other designer and have them modify it. I'm particularly concerned about another designer not meeting my standard of work in some re-design, and it reflecting badly on my business.

The other concern is being able to use my designs in my promotional campaigns in the future. I suppose I could give them the copyrights and transfer to myself the usage rights. Hadn't thought of that, but no one has ever questioned this.

Thanks.


Old:

I'll check out those links you sent today.


Oc.

 

[coldfused]

yeh oculus i read some of the things on those links that old sent yesterday..i didn't really understand the benefits of copywriting your designs..the actual artwork ( ie; illustrations and things like that ) i can see why..and i guess alot of people do it that way..sell the usage rights of a design..and most reccomend that you do not ever turn over your rights of the design and artwork..

learned someting new today...

carlsatterwhite@endangeredgraphics.com