Forum Moderators: LifeinAsia
I know that legally the web designers probably have the right to do this, but I also know that there are a lot of people out there who think that they actually own the site they paid for, inclusive of the original files used to create the site. When they find out they can't get the necessary files or have to pay more for them they get very upset. Upset customers is not good business. On the other hand, giving away valuable assests is also not a swift business tactic.
So my question is: What do you do? When you design a site do you provide the original files to the client or do you retain them for yourself and either charge more for them or not provide them at all?
I'm very curious about what the common practice is.
Thank you for your time, opinions and comments.
If I was asked to:
I will gladly pass the source code as they paid for the job.
But my client site editor is my homemade script
So I will have to license it and probably ask my attorney about the contract.
Henry
Do you have more to gain with a solid reputation or by potentially creating a bad situation over files that you will likely never use again?
One caveat, if there is some sort of proprietary info in those files, say a way of deploying Flash, or you made an investment in the files that you thought you would recoup in the long haul, I would have to think twice about giving them up.
When you design a site do you provide the original files to the client or do you retain them for yourself and either charge more for them or not provide them at all?
This is probably the quickest way to lose a client and also leave a very bad taste in their mouths.
I look at it this way, if a client has asked me to design something for them, they are paying for that design along with any working files that were used to create it. It's theirs, not mine. What am I going to do with it? Hold them for ransom like some designers/developers do? To me this is a very bad practice and one that tarnishes the design industry.
There may be specific instances where certain source files are not available to the consumer but, anything that was used to create the design is theirs, not yours. Unless of course they did not pay the bill in full. Once a client pays that bill in full, they own whatever you produced for them. Or, they own whatever you clearly outlined in your proposal to them.
If you make it a practice to hold client files as ransom, be prepared for the heat. This type of business model always fails and it becomes a lose/lose situation.
In general though I think once a project has been completed it's best to give your client everything they need to maintain the project. That way if you part company, or something happens to you, the client isn't stuck. And besides, they've paid for it.
This is also good from a public relations point of view as the client knows up front that he/she won't be tied to you forever.
The one exception I make to the above statement is letting the client have proprietary code. In my case that would be a server-side .dll file that contains code I use in every project to handle database interaction, validating user input, formatting data and so on. This is my .dll not theirs, so if they want it they have to purchase it. Please be sure the terms for purchase are reasonable as you're doing this to cover your costs, not gouge the client.
Always be sure these things are discussed up-front and included in your contract.
Finally, even if the client has been a real SOB please do your best to cooperate with the new webmaster. It's not his/her fault things went sour and being cooperative, while unpleasant, can only enhance your professionalism. In the long run you'll probably get more business this way too.
Glad to know that I'm not alone.
Happy Holidays!
FLIP SIDE:
When we hire a photographer to do a photo shoot usually the photographer maintains the rights to the negatives. Since this is a standard to many professional photographers, what would be the difference if someone creates a unique Flash or Photoshop document?
Trade secrets are important elements to protect specially when it comes to graphics and Flash in this case.
Don’t get me wrong, I am all for giving what is due to the client. I think it is the responsibility between developer and client to spell out what is included and not included in a contract.
Perhaps I'm being naive but I wonder if making the client sign an NDA would let you give/sell them what they need without compromising your trade secrets.
Never had much confidence in nondisclosure agreements. Trade secrets are hard earned. You get some Joe designer scoring on methods that took you a lot of work to perfect and hired in the first place. - Of course this is my opinion. -
Never had an issue when approaching these issues with a client when addressed in a professional manor. You are right, and as I said: Spell it out in a contract makes both sides happy.
If a designer has nothing novel to protect then by all means give up the goods.
