Defining client deliverables

DifferentSeed

Hi folks,

Not sure if this is the right place for this, but here goes... A lot of the work I do, or my designers do, includes email advertising (html email creatives); banner advertising (flash, animated gifs, jpeg images, rich media, html); online video publishing (flash streaming video); and websites.

More and more clients think that just because they pay for an "email creative" they're entitled to the original Photoshop files as well as the final HTML email or compressed JPEG used in the email.

How would you define these deliverables to prevent the distribution of the original source files? They're honestly not paying near enough for the originals and then there's image licensing issues as well (we license images for our use for our clients).

I think the "final" product is all they should be entitled to for the basic cost and an update to contracts are now in order thanks to a bitchy, bitchy client who feels they're entitled to the original for the money they paid (which was really a paltry sum imho for the quality of the creative one of my guys came up with!)

bham

I think you have stated your point very well and I think what you have said makes perfect sense. Sounds like you have asked yourself a very important question, "Why would they need the originals?" and the answer you don't like. Enough said in my opinion. If they want all that, then saw ok heres what that will cost.

HiSPL

When Luigi makes a pizza pie he doesn't throw in the cheeze, tomatoes, meat, and dough that he used to make it. Why should you?

Rhuarc

HiSPL wrote:

When Luigi makes a pizza pie he doesn't throw in the cheeze, tomatoes, meat, and dough that he used to make it. Why should you?

Lol, well put!!! It would be like Luigi giving you enough RAW ingredients to make 50 pizzas, all for the price of one.

sirsloop

The only reason they want the psd's is so they can pay someone else to do edits/updates cheaper, or try to hack something together themselves out of your work down the road. Of course if their hack comes out crappy, your name will be on it

Rhuarc

sirsloop wrote:

The only reason they want the psd's is so they can pay someone else to do edits/updates cheaper, or try to hack something together themselves out of your work down the road. Of course if their hack comes out crappy, your name will be on it

Just one more reason to NOT give them anything but the final product. It's much hard to screw something up if you don't have anything to begin with!!

DifferentSeed

Hehe, I loved the pizza reference... And am happy to see I'm not just being a mean ol' bitch in not wanting to give away our PSD or FLA files

What I'm struggling with is how to define, for the contracts, the deliverables.

The best I've got so far is:

HTML Email & Online Banner Creatives

Final product deliverable may include either:
- the images and/or HTML used in the assembly of the creative itself; or
- a high quality (uncompressed) GIF or JPEG image and an optimized (compresssed) GIF or JPEG image; or
- the compiled Macromedia Flash movie(s) (SWF) for publishing online (and any supporting HTML as necessary).

Thoughts? I feel like I'm forgetting something obvious.

Rhuarc

I would just make it something simple, like "All files required for deployment of the created product." This way it covers all your bases both for banners as well as flash, and all html as well.

DifferentSeed

Rhuarc wrote:

I would just make it something simple, like "All files required for deployment of the created product." This way it covers all your bases both for banners as well as flash, and all html as well.

Very niiiiice. I am going to send this to the lawyer (who is a newb when it comes to Creative Services) now Thx!!!

LuckyBob

My company's contract, section 13. It may sound a bit harsh, but if you stand behind it and explain that parts of the work you do can be later recycled for quicker turn-around and pricing, clients are usually totally OK with it.

13. Copyright to product. Copyright to the finished assembled work of product produced by company is owned by company. Upon final payment of this contract, the client is assigned rights to use as a product the design, graphics, and text contained in the finished assembled product. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Company and its subcontractors retain the right to display graphics and other product design elements as examples of their work in their respective portfolios.

Other useful "cover your butt" clauses:

9. Assignment of Project. Company reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Copyrights and Trademarks. The client represents to company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to company for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend company and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.