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Contracts-have you ever had this response?
JDawg
subscriber Posts: 4
When a client asks for a quote I provide a quote with what JDawg delivers, what is expected of the client, and terms and conditions. For most projects it fits on one page.
So I send this quote for a car wrap to a doctor. Here is his relpy:
"Dear Alicia, this is too complicated for me, too much lawyer like language and I already pay my attorney too much money. It should be a simple affair. Regards, xxx"
What??? Are you kidding me? Anybody else face this? I`ve been doing this for 2 years and have never received this kind of reply. I know some people do not reply at all but I think it`s because I`m out of their budget. Hmmmm.....
So I send this quote for a car wrap to a doctor. Here is his relpy:
"Dear Alicia, this is too complicated for me, too much lawyer like language and I already pay my attorney too much money. It should be a simple affair. Regards, xxx"
What??? Are you kidding me? Anybody else face this? I`ve been doing this for 2 years and have never received this kind of reply. I know some people do not reply at all but I think it`s because I`m out of their budget. Hmmmm.....
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Comments
Nikole, may I ask what do you consider a contract? Mine is fairly simple. JDawg deos this, Client Does this, timeline, Copyright and Payment Fee terms. One page. Done. No one else sees an issue with it but this guy. I was within his budget so no issues there.
The terms and conditions refer to: 1. copyright infringement - a MUST have as a designer2. stock photo, font and illustration use3. payment terms (50% up front, remainder in full before printing)4. blah blah blah not included in quote are $xx per hour.
Pretty dang simple. I`ve seen some web and print designers with 2 pages and more.
Shane, Nikole and Pepper Legal, you`ve made me rethink my strategy for a response. Initially I was more than happy to let this guy go because of his attitude on the phone when we talked about his project. I typically bend over backwards to help a client and I guess it`s why I got so defensive to his reply. A call to him may work better. Will consider it.
Artwork designed by JDawg Design may not be mass produced without prior permission. All rights reserved. Client may purchase copy right to artwork for an additional fee.
Of course we ALSO talked about artwork for mass produced items that are for SALE. Such as graphics for a t-shirt. I am wondering if I royally screwed up and merged logos with that copyright context.
Not real thrilled so, I`ll just drop the copyright thing as I sort things out and get input from my peers.
Craig, to answer your question. If you asked me to quote you for a brochure and I say it cost $500. Then how surprised are you going to be when you see my contract that you are only allowed 3 revisions, not unlimited? How surprised will you be to find out the paper I quoted you was for matte book and not glossy cover? Would you not care to know how long it will take me to give you a proof, and then get it printed? Wouldn`t you want to know upfront that I need you to pay me in full before the piece is printed?
It`s like buying a car. I know EXACTLY what I am going to get when I look at that final sales sheet. No surprises. If the salesman wants to give me car mats, fine. But I shouldn`t expect it if it`s not in the quote.
Sorry I`ve been burned too many times not having a contract.
But, this post isn`t about copyright, it`s about a client who thought my contract was too legalized or whatever. All I wanted to know is if anyone else had ever faced this with their own contracts and how they handled it. I received good advice from a handful of people, I guess that will do it.
Actually, unless you have an explicit written assignment of copyright in the contract, the creator of the design continues to own it - even if the buyer pays.
But yes, I know topics stray. I am appreciative of the help I received in handling the original issue. And through this I am learning and there will be adjustments to my contract on some level. I really need to research this among industry leaders.
I`m very clear on what copyright is. There are laws proteting the individaul who creates the art. It is up to the designer to determine when and how to transfer copyright. To assume copyright is transferred once the client pays for the service is not accurate.
The "you get the trademark but I keep the copyright" term is a crazy legal war waiting to happen.
Do you own your own company? If so, you own the rights to everything you design for a client. It is your decision to transfer the copyright over or not. That shoudl be clear in your contract. Oh, that`s right you don`t have one.