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Wow... Now this thread has taken a turn.
If a client asks for PSD's, we supply them in one form or another. We have a policy to charge clients for these PSD's though.
Now, I have NEVER refused to give a client PSD's. We were always able to work it out.
Now, once a client pays for a design, He owns the work that was provided to him. He is free to do with it what he wants. In Mainstream, we have a contract with our clients to specify who has what rights of ownership for the design and source files. In adult, we do not.
Why?
Because it's tough to claim copyright infringement when every single adult site on the market has similar characteristics.
If Client A wants to change his name to Client A-B, then so be it. If he wants to alter the site, or put up a site with a similar design, then so be it. However, he will have paid for the source files to be able to do that, or he will have me or another designer edit the existing site to where it needs to be.
The only reason we, or any other designer, keeps the PSD's is because we want recurring work from the client. Source files are proprietary. The method we use to design is proprietary as every designer is different. If a client supplies me regular work, great, he can have all the PSD's he wants, because I know he'll be back.
One of our largest clients has paid us 4 different times to edit the exact same banner (albeit we edit 100's of banners and ads at one time) on different occasions. Payouts change, site features change, etc. The client HAS those PSD's, yet they still have us make the changes. They are loyal to us, and we are loyal to them.
As OldJeff mentions, in a work-for-hire situation, they own the actual end product. They can do with it what they please.
However, In a Product-Purchase agreement as we work with our mainstream clients (they buy the end product - the design). We own The PSD's, Copyright etc. Technically they have to ask us if they want someone else to alter the site, or they sell the site.
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Sharky
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