Who’s IP is IT Anyway?
Just a little something that has recently cropped up again that as a designer I should let my clients know..
When I am asked for any print design work the IP remains mine on the source files, unless agreed at quote/contract stage.
This is common practice and I have just tried to explain to a client… its very important as a designer that I know that anything you supply me is not copyright and anything you supply someone else is not my IP still.
If you wish to have IP on something please let me know in advance so that I can adjust the quote. IP for source files comes at a cost…
here is a link to explain the Law in Australia. https://www.wipo.int/edocs/lexdocs/laws/en/au/au330en.pdf
CASE STUDY A design firm was hired to create the packaging for an ice cream bar to be sold only in Australia. “Only in Australia?” asked the designer in an email. “Yes, only in Australia. So please don’t charge us too much and we’ll definitely use you for future packaging work,” replied the client. The product was very successful in Australia, and the client received offers from overseas distributors. The designer was delighted when he saw ads for the product on TV while he was on holiday in London. In fact, the client had enjoyed so much success with the product that it was not manufacturing anything else, so the designer did not get any other jobs. Despite the international success, the client refused to pay the designer for overseas use. Through a lawyer, the designer explained to the client that it had exceeded the terms of its licence, and use overseas without payment was copyright infringement. Eventually the client agreed to pay the designer a considerable amount to settle the dispute. The key here was that the designer had, at the very beginning: — confirmed in writing that the packaging was just limited to Australia (the extent of the licence) — confirmed in writing that fees reflected this. 27
source from this linked doc by the Government of Australia.