Designers , outsourcing and getting screwed

[machineg]

I have read every page of all the threads about all the crap that is going on between designers , and I dont know why there is such a problem

All the problems mentioned seem to have to do with a broker not paying the designer and taking credit for the job..

Why ?
As the designer of anyhing you have full right to display that work in your portfolio, now while I dont display work I have done for other companies on my site, from now on , in the event that I am not payed , I will . infact I will display it on the first page .

Now this could really cause a few ?'s when the brokers client is asking why their site is in some other designers portfolio .

This seems to be a solution to at least half the problem ,
at least in the end you get the credit , and this may keep brokers in check while paying thier designers ,

The way I see it , if I completed the project on time, and the client receives it, I BETTER get my payment as well ..

I would be in full legal right to display outsourced work in my portfolio if I hadn't recieved payment , In fact , I would be the only person with full legal right to display it AT ALL ..


Just my

about all the crap littering the boards lately

[69Xi]

A designer, author of a design, has ALWAYS the right to display his work in his own portfolio. Nevermind if he made it for an end user/client or a broker. If you are a designer and made some stuff, you have the right to tell people what did you do...

Of course, then you should put a note there, that this work was made for this and this broker, but that's all, I think...

[JFK]

Originally posted by 69Xi
A designer, author of a design, has ALWAYS the right to display his work in his own portfolio. Nevermind if he made it for an end user/client or a broker. If you are a designer and made some stuff, you have the right to tell people what did you do...

Wouldnt that depend on the agreement between the broker and the designer? If you work as a salaried employee for a broker, the product is his not yours, and so is the copyright! So its not as clearcut as one might imagine! If a designer has not been paid for his work, the title to the same should remain with them, until full payment !

[Theo]

JFK is right

[MarkTiarra]

If you do the work as a contractor and not an employee you would have the right to post it unless you signed an agreement with the broker stating you can't. If you work as an employee of the company they own the work. Just like you can invent something when working for GE and you have no right to it.

[cherrylula]

Originally posted by JFK


Wouldnt that depend on the agreement between the broker and the designer? If you work as a salaried employee for a broker, the product is his not yours, and so is the copyright! So its not as clearcut as one might imagine! If a designer has not been paid for his work, the title to the same should remain with them, until full payment !

Well salaried employee yes, but honestly a company that knows what they are doing will have said employee sign a contract of exclusivity. I have done this myself when working as an artist and employee for large companies. You are forced to sign your rights away... but again, this is for standard employment NOT necessarily just contract jobs.

Just because you have someone representing your work it does not mean they own the copyright. Again, unless there are signed contracts.

Again, I use my experience from the art and interior design world as an artist myself.

If I create something custom for a client who finds my work through a showroom I am represented in, in NO WAY does this showroom own rights to my work. In actuality, I have had third parties of this sort COPY my creative works and fuck me over.

If I keep ranting about this subject in threads I am sorry, but I am an artist myself and have lots of experience on this subject however, how my experience in this field applies to graphic design industry I am not sure.

What I do know is when you are an artist and create something its yours. You can sell it and the ending owner can gain their rights to the copyright, but honestly it always goes back to the original creator when it is brought to a court of law. Unless otherwise specified.

Copyright laws are much more in favor of the person who did the creating. Unless someone has the proper legal documentation that they own the creative work, the copyright lies with the original creator. As soon as the work is created, the person owns it. You can register a copyright with the us gov, and that will just make your case better in a court of law.

But once again unless other proof is established in a valid legal form, the copyright of any creative work belongs to the person who created it.

[69Xi]

I wouldn't be so sure. Nobody can tell you that you cannot show your own work. Of course it could be on an agreement between you and the broker that you will not show your work in your portfolio while your broker use it in his portfolio (end-client could ask...).

Not sure how in US, but here according the laws author sells the right to use design, not copyright.

[69Xi]

sure, I take it as a contractor. Salaried employee is maybe the difference.

[Fletch XXX]

http://www.whatiscopyright.org

[cherrylula]

so maybe this is just US law, don't know how it applies internationally, but some of you should definitely read up on your copyright laws.

http://www.copyright.gov/title17/92chap1.html

[Voodoo]

SOLUTION:
Get at least a 50% retainer for ALL projects before doing any work. When you are finished with the design... Slap a "SAMPLE" watermark all over it, and screenshot it, so the client can "view" the completed works. Make any changes that are requested at this time. Again, screenshot a sample watermarked version, and review again w/ the client.

Client then pays final amount due. You deliver the works.

People that demand the work be done up front, without any type of deposit or retainer are simply out of their minds, or are trying to scam, or they have been royally screwed by someone in the past. All of these except for being "scammers" are "objections" that can be overcome with a little sales tactics and persuasion.

It's all about doing what is fair to both parties.

Always go for the "Win Win" situation. If you cannot find a "Win Win" situation, always go for the "No Deal". If both parties don't benefit from the situation, it's not worth getting into.

[sextoyking]

Hi,

Well for us at webinc.com I have only had 1 customer never pay. I mean out of hundreds and hundreds, no way jose.

Most of the time if we know the company, or whatever, we don't ask for any up front deposit, they pay when the project is almost done. I am known to be 1 tough bill collector, when a project is done, but not paid for yet. We have had only a few customers late with there payment.

All the larger companies, Cen, Sic, CE, Ars, Etc, etc, etc, etc,

No worries, there all good.

peace

[SetTheWorldonFire]

i would'nt worry about it. just take the project down if the client does'nt approve. remember... customer first.

besides, there is always gonna be those chosen few that will let you. just keep em rollin