Creatives, for the most part, dislike dealing with the nitty-gritty aspects of running their businesses. We want to concentrate on the fun stuff, like choosing paper for a special event package, sketching logo concepts, and brainstorming ad headlines—not picking through contract verbiage.

Creating logos, illustrated patterns or a promotional item may be all in a day’s work for those of us in the Graphic Design field, but we have to think about the intended end use of our designs. For example: Will the notebook with custom illustrations you designed for your client serve as a customer gift or become a product sold in stores?

While we know the importance of creating basic terms of agreement for each project—and having the client’s signature on the agreement before starting work—we may not realize the instances when some extra language is required.

Most business owners who have been in operation for more than a few years have encountered their share of contract issues. But in the hopes of helping other owners of young businesses, I’ll share some knowledge that I’ve recently paid for…ahem, gained, while figuring out how to handle a possible copyright infringement.

Additional Contract Language
The Graphic Artists’ Guild Handbook: Pricing and Ethical Guidelines book is a great place to start when building your boilerplate contract. It is standard industry practice that the designer retains ownership of all of their original artwork, preliminary or final, even if rights of reproduction are transferred. Agreement by the client to this statement prevents the designer’s work from being repurposed onto other materials without the designer’s consent. It also helps in preventing the client from filing for a copyright registration to the compiled work as a whole. Clearly state in your work agreement where and how your work can be used, and where and how it cannot.

You’ll have to decide on a case-by-case basis what is right for you and your clients. If you’re hired to design a logo that will be used on all of the client’s merchandise and products, you should be paid accordingly if you’re to transfer all rights. Conversely, if you’re hired to create a logo that will only be used on stationery and a company sign, for example, then the contract must state those specific uses and you’d agree on a fair payment for those uses.

All-Rights and Work-for-Hire Contracts
There will be some instances when an all-rights agreement is the optimal choice, but it is in your best interest as the creator of the work to license use of your work instead of signing all-rights or work-for-hire agreements. Work-for-hire agreements remove copyright and authorship from the creator, and the client becomes the author under the law. All-rights agreements are always a better choice than work-for-hire agreements.

This is only the tip of the copyright iceberg, but will hopefully inspire some of you to give your own contracts a second look.

Eryn Willard, Director of Discovery at Studio 22
Eryn is a graduate of McDaniel College (formerly Western Maryland College), earning a Bachelor of Arts Cum Laude in Graphic Design, and is currently pursuing her Certificate in Sustainable Design. Her work has received regional and district ADDY Awards, a regional AAF Judge’s Award, American Graphic Design Awards, an Admissions Marketing Award, and has been published in Graphic Design USA, Creativity, and American Corporate Identity. She is also an active member of the regional chapter of the Greater Frederick Advertising Federation, and served on its board of directors as an officer for a number of years.

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