Ownership of Native Files (Graphic Design)
Hi - I own a small graphic design
company and have been doing
business with a semi-large
corporation for the past 15 years. We
have produced hundreds of things for
them over the years such as ads,
flyers, posters, logos, and every kind
of collateral and print marketing you
can think of.
Well, effective almost immediately,
this company has decided to go in a
different direction and take the
design business away from us. On
the way out, though, they are
demanding that we hand over to
them all native files of the work we
have done in the past 15 years. We
had never drawn up a formal
contract stating who owns the rights
to the native files, but standard
practice (especially 15 years ago)
was such that it was understood that
we, the designers, own the rights.
So my question is, since no formal
agreement was made over who owns
that material we produce, who has
the rightful claim to it? They are
pressuring us to give it to them and
they feel that they paid for the files.
We disagree and feel that we have
fulfilled our obligations to create
unique and custom artwork for
them.
Thank you.
Re: Ownership of Native Files (Graphic Design)
It is my understanding based upon discussion with someone in the graphics business for many years, if the client paid for the designs, they are entitled to keep them absent some time of agreement specifying otherwise. Perhaps another attorney has a better answer for you.
