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Need basic freelance contract

TheCount's picture

Looking for a solid/basic freelance contract, any suggestions on where to go?

Thanks!

HowardRoark's picture

i think youll be able to

i think youll be able to find some resources over at Creative Latitude http://www.creativelatitude.com/links/index.html
_______________________________
I think. Therefore, I am.
Visit: alfredluarca.deviantart.com

TheCount's picture

Thank You!!

Thank You!!

natobasso's picture

Here's another good

Here's another good one:
http://advertising.about.com/cs/copywriting/ht/howtocontract.htm

Sample invoice:
http://advertising.about.com/library/graphics/contract.gif

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Powerpoint is not a design application

TheCount's picture

Thanks to everyone, really

Thanks to everyone, really like the invoice machine site.

designisgood's picture

It's All RIght Here

Just check out http://www.megadox.com, they have everything I've ever needed document wise there.

icona.ca | vp & art director | mac snob & fun guy
the blog: http://www.activeimagestudios.com/blog/

natobasso's picture

Except for the fact this

Except for the fact this contract transfers all files and rights, I like it!

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Powerpoint is not a design application

Rick's picture

Awesome tool which suits my

Awesome tool which suits my needs perfectly. Thanks

natobasso's picture

You might want to edit out

You might want to edit out the total transferral of your rights to artwork though.

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Powerpoint is not a design application

Rick's picture

The only thing I really need

The only thing I really need to modify is § 1.

While I will occasionally do design work, I tend to sub out anything major so I don't have any real vested interest in keeping rights.

It just dawned on me that I've never considered transference of rights from a sub to a client though. Hmm...

Any thoughts?

XungaMix's picture

What do you advise?

Hi Natobasso, you were comenting about copyrights.
How would you phrase it then? How do you generaly do?

Would it be the same for different types of work? (Logos, illustration, Design, etc)
I'm asking because for me it makes sense that the client holds the copyright for logotypes (haven't analyzed it for other type of work yet). After all, it's a major element in defining a brand.

I'm not familiar with copyright issues but it seems that for the client not to hold copyright is a bit like someone paying for a pair of trousers and the shop still be the owner. What happens if the shop decides to have the trousers back? I can't go out without trousers!

Is my analogy correct?... (I honestly don't know, that's why I'm posting here)

natobasso's picture

You still own the rights

You still own the rights even if a sub works on the job for you. Unless you specifically transfer them (as the sample contract does, unfortunately) the rights stay with you. Even if you don't explicitly state the art is 'yours' it is so until you transfer, but it's just harder to prove if something bad were to happen.

Rights to your artwork means that you can keep the files and charge the client for more work done on that project (a reprint of a brochure with changes down the road, for example). If you sign that away you're giving up any further revenue from that job. Just look at the story of the Nike logo or the 'smiley face' icon for examples of what can happen when you give up the rights to your work.

A 'work for hire' situation is where you do work for a client and any and all rights to the work are owned by the client. Usually as employee you fall under this category, but as a freelancer you do not. As freelancers we try to avoid No-Spec and Work for Hire situations at all costs. If a client wants this, don't work with that client, more often than not it's going to end up badly for the designer.

In short, keep the rights to your work. If you need to transfer them (some pesky clients require this because they don't want to pay you more money down the road, but they do this even more with photographers!) make sure you charge them for it--factor in the resulting lost work in your rights transferral fee.

More on freelance contracts and art copyright here:
http://desktoppub.about.com/cs/freelance/a/contracts_4.htm
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Powerpoint is not a design application

natobasso's picture

The only flaw in your logic

The only flaw in your logic is that trousers are mass produced and while their design is copyrightable, they are a commodity and can therefore be bought and sold as a consumer good. Design work is a service, and as such falls under slightly different rules. As long as you are a freelancer and not an employee, you own the rights to any work you do for clients unless specifically stated.

Yes, a company in its right mind will arrange to own their logo/brand, but if they want to continue having you design for them, they will continue their relationship with you. You'd still want to arrange a transfer of rights fee for the logo as part of your bill to them.

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Powerpoint is not a design application

natobasso's picture

Another great resource for

Another great resource for standard agreements/contracts:
http://www.aiga.org/content.cfm/standard-agreement

An excerpt regarding corporate identity/logos:

Assignment of rights
An assignment is a full transfer of intellectual property rights to your
client. It might include copyright, patent, trademark, trade dress, or other
types of intellectual property. For example, when a new corporate identity
is developed and sold to a client, the sale typically includes an assignment
of all rights. The client will go on to complete U.S. and international
registration of copyright, trademark, patent and other rights in its own
name. Designers should charge a higher fee for any project that involves
a full assignment of rights.

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Powerpoint is not a design application

Rick's picture

One more...

I stumbled across https://www.tractis.com during the course of my weekend research grind and thought some of ya'll might find it interesting/useful.

CREATIVE TYPE|ENGAGING PEOPLE

natobasso's picture

Not sure I want my business

Not sure I want my business contracts online managed by folks I've never met. :)

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Powerpoint is not a design application

Rick's picture

As I understand it you're

As I understand it you're still responsible for composing and managing your own documents, this (like a lot of portfolio sites I've come across), just makes it easier to do both.

CREATIVE TYPE|ENGAGING PEOPLE

natobasso's picture

It looked to me as though

It looked to me as though you enter your information online and it spits out contracts...a database is required to perform that action. But I have to admit I didn't sign in and try it, just took the tour.

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Powerpoint is not a design application

Rick's picture

Hmm.

I didn't really think about the DB to be honest.

My personal information is in enough social sites already that having one more data mine me doesn't really freak me out though. ;)

CREATIVE TYPE|ENGAGING PEOPLE

natobasso's picture

We're not talking about

We're not talking about personal information as much as business information. I don't think you want your business contracts online, just my opinion not paranoia.

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Powerpoint is not a design application

artist_jigar's picture

Creative Freelance Designer here

Hello,

As per your requirement of freelance designer. i m interested to work with u as a freelance designer. so if u r also interested then plz reply me. we will talk more...

Thanks!

Jigar Trivedi
::sr.creative designer::

natobasso's picture

Um, we're all designers

Um, we're all designers here buddy -- get in line. :)

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Powerpoint is not a design application

Rick's picture

LOL. Nice. I think I just

LOL. Nice. I think I just peed a little.

CREATIVE TYPE|ENGAGING PEOPLE

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