Legal and Costs
Legal and cost issues
Ownership of commissioned work becomes the property of the client once all work is completed and all costs paid for. If you wish, the assignment of these rights can be made in writing.
Final designs cannot be altered or used in a manner different to that originally intended, unsold to another party or used in competitions.
Note, however, that the original design files are not normally released to the client, as they are created using computer programs that are not usually used by most people. However, if you require a file in a specific format for use by the third part, this can be provided. Note: additional costs may apply.
Work performed for a client is done under strict confidentiality. You work will not be revealed in any way to any third party without your written consent.
Once you are ready to present your work to the public, we would like to be able to also present the finished items as an example of our work for you, to promote both ourselves and you.
Where artwork and photographs are provided to Design Odyssey for use in design work, brochures, posters, websites, etc, the client warranties that the work is original and does not infringe anyone else’s copyright. I may ask you to provide this in writing. Use of work belonging to a third part can be a breach of copyright, with legal ramifications for the client, designer, printer and website host. I will not illegally use someone else’s copyrighted work.
Design Odyssey retains rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
The cost of design work is often difficult to ascertain up front. The amount of work needed to finalise a design may be vastly different to that indicated at the initial design meeting. As such, the time and cost must be based on a detailed brief. This brief does allow for limited rework to finalise the design. Significant changes require a variation order and my incur additional costs.
A minimum cost of one half hour at the rate applicable at the time work is performed is attributable to all design work.
Please note that even changing a telephone number on a business card still involves considerable work. For example, the archived file needs to be opened, duplicated to a new work order, changes made, a proof created and sent to the client for approval, approval received back, final print-ready file created, print ordered, final files archived to duplicated hard drives, database updated and finally the printing delivered to you. It is not simply a matter of typing in a new number!
This process results in the new file being archived and ready next time the client wants a reprint of the cards, or some other update.
However, please note that the reprinting of an existing, but unchanged file incurs no design cost.