Re-utilization of artwork?

[esc]

Hi,

I have a customer who has rented his business (a Viennese Heuriger = wine tavern) to somebody who wants to relaunch the old web site with some obvious (new name, some new sub-pages, etc.) but anyway severe changes. We have created the old web site several years ago, but the relaunch will probably be done by someone else. The new owner contacted me if he might use the old design as starting point. What would be an adequate price for this? I thought about 1/3 of the original design costs of the artwork (not the workout and coding) which would be around $500. Do you think this is a fair price or is it too low or too high?

Regards,
-- Erich

[Mandi]

I can't comment on what might or might not be a fair price, but it's sort of backwards from how I structure things. When I do a design for a client and get paid, the client owns the design. It's no longer mine to sell, dictate terms, etc.

[esc]

To my understanding things are more complicated. Furthermore the European copyright differs from the American. In Europe copyright is bound to the person (artist) who creates the design or artwork and cannot be transferred to somebody else. So what you might sell are only the utilization rights. In the US I think you can sell copyright too. Anyway, utilization rights might be restricted to a special way of use.

When I work within a written contract, I and probably many others too restrict utilization to the media (web) and place (e.g. company web site) and the delivered form. So if a client buys web design he gets web design and not CI. If he wants to use the artwork in a video spot afterwards he has at least to ask me if I grant them those rights, otherwise this is a copyright infringement. If I will charge them again depends on the business relationship we have and on the size and the character of the company they run. It’s just a matter of flair.

In my special case my client died two years ago and his business was closed since with the website still running. Now his heirs managed to rent it to a new company and those people want to relaunch it in modified form under a different business name and with a new web design company. In fact they are an IT business themselves. :smile:

I just phoned them yesterday and we decided that I submit them an offer for creating and hosting the relaunched site. If they accept it, I will not charge them for different utilization but only for the new coding. Let’s see.

Erich

[Andilinks]

Western European custom favors complex employment and business arrangements that frustrate innovation and entrepreneurship. It's why the EU poses no real competitive threat, unlike Asia and Eastern (new) Europe.

As someone who will soon be buying web design and programming I'll be shopping India first...

Andi

[WebmasterTed]

To my understanding things are more complicated. Furthermore the European copyright differs from the American. In Europe copyright is bound to the person (artist) who creates the design or artwork and cannot be transferred to somebody else.

My understanding is that under U.S. copyright law the copyright belongs to the artist with some some possible exceptions:

(1) The copyright in works created by employees of an employer (not independent contracters) in the course of their employment belongs to the employer.

(2) The copyright can (probably - see further down) belong to the employer in the case where where the independent contracter and the employer have a written "work for hire" agreement clearly describing what is to be created and declaring that the copyright will belong to the hiring party.

So what you might sell are only the utilization rights. In the US I think you can sell copyright too. Anyway, utilization rights might be restricted to a special way of use.


Some in the legal community seem to feel that assigment of the copyright to the employer through a "work for hire" agreement might be subject to legal challenge (or possibly to congress passing a law rendering such provisions null and void), so as added protection for the hiring party such contracts often include a provision that if the law finds that the copyright of the work in question may not belong to the hiring party, then all rights to exploit said work are assigned to the hiring party forever (or for the longest period allowed by law).

Also, I think I recall reading that a "work for hire" agreement can not be retroactive. I.E. under U.S. law I can not create something and then sell the copyright to some other party. I can only sell my services in creating the item in question through a "work for hire" agreement before said item is brought into existance.

Ted

P.S. I'm not a lawyer, nor do I play one on tv. None of the foregoing shall be taken as legal advice. If you want legal advice consult a qualified attorney. :wink: