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Customer wants PSD

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Mar 3rd 2004#144158 Report
Member since: Dec 4th 2001
Posts: 171
What do you guys do if a customer wants a psd? I think they just don't want to pay us for doing changes,and possibly want to use stuff we have done to design other ads with. Do any of you give layered PSD's to your customers,cause to tell you the truth I don't really know what I should do, but I am leaning more into not giving it to them.
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Mar 3rd 2004#144160 Report
Member since: Jul 10th 2002
Posts: 1706
Contract.

Charge a fee for giving up the final rights and PSD file to them. Then get them to sign something acknowledging that you will charge them for any changes they may need at full rates. If you do hand the file over, be a nice guy and label all layers, even put things in Layer Sets. It's the mature, sensible thing to do.
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Mar 3rd 2004#144169 Report
Member since: Mar 16th 2001
Posts: 2421
I always give the .psd's. They paid for it and the copyrights so it should be theirs. That way they can update the site if needed. But that is also factored into the price.
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Mar 3rd 2004#144175 Report
Member since: Mar 18th 2001
Posts: 6632
Don't give it to them before you get your money... It sounds like they are asking for it before they pay, which I definitely would not do.
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Mar 3rd 2004#144176 Report
Member since: Mar 28th 2001
Posts: 1109
in the end, it belongs to them - as pank said. i always give them PSDs.
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Mar 3rd 2004#144179 Report
Member since: Feb 17th 2003
Posts: 2450
What can a customer do with a psd? He has no legitimate need for it. If he needs the design altered he can ask you to do it....at least that's what I think.... it's kinda like software licenses - you buy the product - not the capability to modify the source....
I only gave psd files to a client once - and only after he agreed to buy it as a separate thing from the site - and he did have a legitimate reason - the whole site was sold to a Japanese company - domain included.... and they needed to write stuff in Japanese and...I don't know any Japanese...and there were titles and stuff...

Plus - a psd is an ultimate way to prove you're the one who made the thing....like a negative for photos....or a raw file. While it is true that according to contract the client has some rights over the psd - I think those rights should be limited to not using that psd for another client - not modifying at will.

I only see negative things associated to a client wanting the psd:
- he wants to continue the project with another designer
- he wants to modify stuff himself and not have to pay the designer although he will be basing his stuff on the original designer's work
- he wants to get away with paying for the project and use the psd as a possible legal cover
- he wants to use parts of the psd (layers, concepts ...) for other projects by modifying the colors and getting away with (almost) murder
......
the only thing that I can think of (except the case above - the inability of the designer to continue the project - language wise or health related...) is that the client has an extremely demonic project manager and wishes to archive the stuff and document it as thoroughly as possible
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Mar 3rd 2004#144181 Report
Member since: May 13th 2003
Posts: 644
If they paid you the PSD belongs to them PERIOD. Its really not your decission after you give the RIGHTS to them. If you make a site for a person and you dont clarify the fact that you will keep the rights to the psd then it belongs to them. Just like a photographer tells you that he owns the right to the picture he took of you (silly right?) but you own his final product. If you want to keep the rights to the design of a site you need to specify that in the contract.
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Mar 3rd 2004#144183 Report
Member since: Mar 18th 2001
Posts: 1604
i can't say that i agree, i rarely if ever provide a psd unless its discussed beforehand. a lient is paying me to create a finished piece, not for something they can modify later on to suit their needs because they paid me to do something else. Your photographer example is a good one, you DON'T own the final product because he doesn't give you the negatives unless you pay for them or work it out beforehand. you own a copy of it, whatever print you arrange for him to make.

chris
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Mar 3rd 2004#144189 Report
Member since: Feb 17th 2003
Posts: 2450
If they paid you the PSD belongs to them PERIOD.


if they paid you for what? If they paid for a psd file - sure; but if they paid for a flyer or for a website it's a whole different story. Photoshop is a tool I am using to make the final product - the one covered by the contract - (if the contract states clearly that psd files are to be surendered the point is mote anyway...) and a .psd file is a proprietary format - proprietary to the tool I am using.

Its really not your decission after you give the RIGHTS to them.


I would say that depends on sooo many things -for instance the term "RIGHTS" so righteously capitalized here... is extremely vague - there's rights and there's rights. Even full copyright release allows for some leeway in that it still allows the primary owner to brag about it. So ...what rights did you have in mind? Rights for the website/flier/wallpaper/whatever? Or rights to the psd? Full rights? Partial?

If you make a site for a person and you dont clarify the fact that you will keep the rights to the psd then it belongs to them.


I think it's the other way around - it's the client who needs to specify this - because naturally you get copyrights for the psd file - as a matter of fact - the payment you receive for the product is is proof of that- it represents a payment for the exclusive use of said product - which, again, is different in nature from the psd file

ust like a photographer tells you that he owns the right to the picture he took of you (silly right?) but you own his final product.


Now this is indeed silly - because every person owns non-disputable copyright to his/her own image - it's a given. As a matter of fact - it is the only instance when a photographer does NOT own copyright to the photo (unless he is given a signed copyright release from the subject) - but he still gets credit for it either way. - just as a psd file is ultimate proof os manufacture....
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Mar 3rd 2004#144200 Report
Member since: May 13th 2003
Posts: 644
well you make very good points mihaj but you not 100% right and i see neither im I.
I guess It all depends on the contract written up. And i do agree the photograph thing is silly but true, Most of the photograph studios i talk to and trust me i talk to a lot lot, keep the negatives all the time. And i see your point on PSD files but, and yes a big but is that not everyone works the same having said that i think there is no standard when it comes to this topic. MAybe sameone wants to research the law for a legit answer.
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