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Copyright - one time usage wording?

2B

2B

Active Member
A new customer/business had us create a logo, look for their new business. now the local newspaper called up asking for the artwork for an ad campaign the customer is fixing to run. Have no problem with this, and have done it for other customers without issue.

what set off the red flag was the newspaper asked for PDF, 300 dpi and to have the image 5+" diameter (logo is oval).

What is the correct wording that needs to be said allowing for a 1 time usage for this particular ad campaign and nothing else. Pretty sure it is more than just

" This logo is the property of___________ any other usage of this logo besides using it in the current ad campaign running in the _____________ could be grounds for legal action for recreating or using this logo for any other purpose. "
 
Marlene

Marlene

New Member
I just did a quote for a job and added a line item that artwork was for production of this sign only with the price for the artwork. then I added another line item with the purchase price of a CD with artwork for other uses.
 
2B

2B

Active Member
The customer is well aware that the design is our and they did not want to purchase the rights to the work.

the requirements that newspaper is asking for is just not sitting right and don't want to send the artwork until have the one time usage terms solidified
 
royster13

royster13

New Member
This obviously will not be a one time use.....Your client will want to use "their" logo all over the place...You should come to terms with your client having full use of logo....And sorry to say this late in the process, someone will not be happy....
 
2B

2B

Active Member
no sign was created, it was vehicle graphics and business cards

yeah the writing on the wall is pretty obvious here as to the intended purpose and that is the nature of the beast. the fact is wanting to put in writing that if they use our design else where they are violating the copyright laws.
 
Smacka

Smacka

New Member
Did you charge extra for the logo or was it just part of the artwork for the vehicle graphics? If it was part of the design work and not a special line item, just give it to them. It is not worth losing future business over and honestly, how much could you make from that artwork by NOT letting it go? Nothing.

Now, if this artwork was created for the sole purpose of branding their company, that's another matter. My suggestion would be to provide them the artwork in pdf AT THE SIZE it will be used.
 
2B

2B

Active Member
Circleville Signs said:
You do know that you can provide a PDF with a raster file embedded, and you can also "lock" the PDF for one time use, right?
Click to expand...

the locking of PDF files is a joke, there are countless programs that rip them apart. we have tried it on our own file to see what works/ does not work for security.

had not thought about the raster file, guess more coffee is needed :thankyou:
 
Marlene

Marlene

New Member
The customer is well aware that the design is our and they did not want to purchase the rights to the work.
Click to expand...

there's your answer. the customer didn't want to purchase the rights to the work. tell the newspaper to contact the customer to have them buy the rights and provide it to them. you made it clear that it needed to be purchased so why would you need to provide a PDF of anything to anyone without payment?
 
2B

2B

Active Member
yes they signed before productions saying they accept the terms and conditions of the company.

it was part of the artwork for the vehicle/bus cards.

the consensus is its more hassle than it is worth and to send it.

I want to know what terms has others used allowing usage for a 1 time situation? and if the wording is different than what is in post 1
 
royster13

royster13

New Member
Do you really think 1 time use will be the end of it?......You can set whatever terms you like, and when your client gets "pissed" off they will tell everyone they see how about how bad you are....And I am sure they will not take the time to explain all the details of the arrangement....
 
L

Locals Find!

New Member
Tell the paper flat out NO! There is no reason any newspaper anywhere is going to need a logo that big in that format in that resolution. I am sorry it just doesn't jive. Someone is posing as a Newspaper to make an end run around you.
 
signage

signage

New Member
Marlene said:
there's your answer. the customer didn't want to purchase the rights to the work. tell the newspaper to contact the customer to have them buy the rights and provide it to them. you made it clear that it needed to be purchased so why would you need to provide a PDF of anything to anyone without payment?
Click to expand...
:goodpost: Send the Customer a invoice for purchasing the artwork and all rights, and makesure that this invoice has the ownership and usage information at this time and if they purchase it for whatever amount you choose to release them for! And also let them know that using it in any adds is against original sales aggreeement!
 
TyrantDesigner

TyrantDesigner

Art! Hot and fresh.
Marlene said:
there's your answer. the customer didn't want to purchase the rights to the work. tell the newspaper to contact the customer to have them buy the rights and provide it to them. you made it clear that it needed to be purchased so why would you need to provide a PDF of anything to anyone without payment?
Click to expand...


+1 to that, I was going to state the same thing. tell them they need to buy the rights to the artwork.
 
Circleville Signs

Circleville Signs

New Member
Or better yet, if they don't want to buy the rights to the artwork, tell them you will design their ad for them, and provide it to them at 96dpi at ad size in a JPG format. If they are willing to allow you to add the tag "branding designed by:xxxx" you will do the ad design at half-price :)
 
S

signswi

New Member
I suggest you read through the AIGA Standard Agreement contract example and formulate your own contracts out of it (bring your company lawyer into it if you can...).

http://www.aiga.org/standard-agreement/

If you don't have contracts up front you don't really have anything. Oral contracts are legal but tough to enforce.
 
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