[Ed. Note: Recently, Patrick Bennett e-mailed saying, “Back in April 2003, no one had any answers on work for hire contracts as they pertained to designers/art directors/creative directors, etc. Being two and a half years wiser, have you all (the Speak Up community) got any more insight into these?”
Following is an edited “reprint” of an April 21, 2003 post here on Speak Up. While I highly discourage repetition of topics, there are a few of them that were discussed many moons ago, when readership and participation was smaller, that would benefit from a second look in these more affluent stages of Speak Up.]
Many freelance designers are caught with this problem. A client asking you to transfer the files and ownership of the work you have created. The term work for hire can send shivers through any designer’s spine. And why not? It’s a touchy situation, plus anything involving legal papers and signing on dotted lines is always scary. Especially when it comes to our work.
Here is a simple explanation of what work for hire entails. In short: you lose any ownership of your work. How have you dealt with these situations?
More specifically, I would love to hear how others work with rights transfers of trademarks.
I am reminded of a situation where a trademark was 'owned' by the designer/firm, and the client 'registered' the trademark with the USPTO -- even though they had limited rights of for the mark.
On Aug.19.2005 at 12:30 PM