Topic: HELP...Release of development files!!! (Page 1 of 1)

Asylumites, I have an issue. I developed a website that has a cheesy Flash introduction (they wanted it). Well I've just received notice that the artist developing the TV commercial wants the source file (FLA) of the animation for the commercial...What should I do? Is it not good practice to release source files? Should I charge something? HELP!!!

Hmm.... I think co-operation like this is A Good Thing (tm)- but not always...

Good Question...


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Unfortunately, the request was sprung about a half hour before my posting and they want it before 5:30 PM Eastern US time (in about 3 1/2 hours)...ARRGGHHH!!!

You're in Detroit rite? Well even if you're not, place a few calls to various production houses and play the part of a customer.. BUT I would most likely say to the person producing the spot...something along the lines of "Well what's the going rate for something like that?" If they get all huffy and belligerant (sp?) I'd say "Well I'm sorry but the original files are mine." You'll likey find something mutually beneficial can be worked out... but if not... stand your ground and take notes for future such encounters.

Generally (and this should be covered contractually in the outset) source files for things like Photoshop docs or Flash should be handed over. In my development experience we always insist on this from outsourced contractors in case of some sort of tweaks etc and work like this should belong to the party that hired you.

Now in this scenario it would really depend on how you want to handle this as a relationship with a client. You may want to just give it over just to maintain an amicable relationship. You may want to look for a small fee depending on how it is used in the commercial, if it is a major part of it then you are doing a large amount of work for a third party and you may want to mention that to the client so that they shouldn't be charged as much from the producers of the commercial and may kick some of the savings back to you.




.:[ Never resist a perfect moment ]:.

If you were paid by a company to develop this flash bit, then doesn't it belong to the company? It's my understand that when a company pays you to develop something, then they own the files? I could be wrong though. I don't do anything like this for a living If you did it for free, then it's up to you but cooperation would be a cool thing. Maybe just mention that you put a lot of hard work into it, for free, and releasing the source will be a small fee? My first instinct would be to cooperate and help them out. Word of mouth referrals down the line... who knows.

Hope it works out in your favour

Wow, thanks guys. In hindsight, I can't recall a time where I actually released development files for Flash since there is a lot that goes into the technique and even the scripting practices. For graphic design work, I always do as it is the substance of the visual material that is being sold for future identity material; so PSDs always get sent alongside other formats. I guess I should really come up with a way to manage this in the contract. My concern then for the future would be incorporation of a new and original technique in a movie that might be easily reproduced by others due to releasing them to other firms.

In the past I have done website overhauls that had existing Flash files within them and never had any luck with getting the original development files and either could the client. I was under the assumption that you are really giving up your toolbox when this occurs.

I think I am going to release the file (not too proud of the animation anyway) with a small release fee. Thank you for your input guys, I feel better about this now.

Thumper: Its sounds like the right thing and people will think 'Hey he is kind of the guy we can work with'

Pos. in the future you should look into how this kind of thing is explicitly handle in your contract (pos. charge them more for handing over the .fla file as well).

And well done - you must be doing something right

___________________
Emps

FAQs: Emperor

I know this is late but I don't typically frequent this topic.

I work in the architecture industry, an industry that revolves around transfer of information in hard copy and digital formats. The way that we look at it is that any work done for a client is their property. They have paid us for the service and they deserve to recieve the product of that service. The DESIGN that is within the product... is the artist's (in my case the architect's). The client, though they own the file, does not have the right to reuse it in a different fashion (i.e. Build another set of offices identical to the one my firm designed or use your flash on a different web site) or distribute it without express permission. As a professional courtesy we release the files without qualm but there are times, such as in your case, where your work is being used in ANOTHER design. That should carry a fee in my mind. From the new artist, not from your original client. That fee would depend, as Bitdamaged said, on the usage of your work.

That's how we deal with it at any rate. Of course this opens the whole 'intellectual property' debate again but... I digress.

GD and Emps, good points there.

After everything has settled down over here, I realized something. When I am contracted to design a website for a company that has already established an identity, I know how it feels trying to pull teeth to get an EPS logo or an original photo. I can now identify with the agency involved. Pulling a logo off of a business card scan is unprofessional and ugly to say the least.

I have my own expectations as to what should be provided to me when I concept an idea; and am very delighted when I get timely cooperation. In return I will pass this courtesy on.

I'm really glad the Asylum is here for things like this...I am thankful to have learned so much here.

it's probably too late by now, but I think that maybe it would be a good idea to secure 'credits' rights for anything made with shit you developed..

make any sense?


Code - CGI - links - DHTML - Javascript - Perl - programming - Magic - http://www.twistedport.com
ICQ: 67751342