how’s it going Andy Contiguglia here
bringing you your legal lessons in business really going to sort of niche
down a little bit today and sort of cover a topic that I think is really
important it’s it’s part of the interview that I did with Joey cornermen
and the school of motion podcast which if you hang out long enough for this
week is the podcast is going to be out live on Thursday so I’m hoping you’ll
all chime in and take an opportunity to check out the podcast later on but I
wanted to take this opportunity and really niche down to a specific legal
issue that I see come up a lot in whether you own a business and you’re
utilizing development services of a designer or a web you know somebody
designing your website or you hire somebody to create logos for you or in
fact you are a designer and you do the creation you do the website development
or you do the designing of websites and logos really what happens at the end of
the day is who owns this intellectual property at the end of the day and in my
interview with Joey cornermen we talked about this issue really in light of the
question hey who owns the raw files in the design process at the end of the day
so enjoy this legal lessons in business if you like this channel please like
please subscribe real curious if you could leave some comments down below
hear what legal issues have you come up with in your designing or in your
business whether it comes to designers love to be able to chat with that as
well so enjoy I look forward to hearing from
you later take care good luck the questions that recently came up you
know which is hey who owns the good CI I can design the the logo for you or I can
design the animation for you but who owns the raw files at the end of the day
who does that get to go to do you does the designer get to keep it or is it
part of the intellectual property that needs to be transferred to the other
person you know to the customer that that they’re doing so those are the
types of details that you can work into a contract that you can really sort of
draft favorably to yourself that that you know your client will get the you
know the ultimate product but you get to keep the raw files or that you want to
maybe get a risk you know a license back so to speak that you can use what you
created as part of your portfolio for other people to look at to see what
you’re capable of doing if you were to give overall copyright interested and
you do not be able to do that kind of thing so you know giving yourself back
and you know a license to you know be able to use what you have created for
your own marketing purposes for your portfolio purposes that’s something
that’s really important to take into consideration – absolutely it is
absolutely you have put out the offer which is your scope of services the
details of what you are what your expectations are from your standpoint in
terms of what you are going to do and then it also sets forth the expectations
of your client and what they are supposed to do I’m going to do these
lists of things QG and when I’m done with it you’re
going to pay me $2,500 for completion of these services you know sign here to
agree to these terms both that’s the offer your offer their acceptance the
exchange of consideration which is the exchange of those promises the exchange
of money in the exchange of services you’ve got a valid agreement there
absolutely that has everything in there and that’s really what you what I was
suggesting that your freelancers do is put together a deal memo for every deal
that they do and get the opposing side get the client – you’re talking of
litigation terms yeah good get them get your client to sign off on this so
everybody understands the nature of what everyone’s obligations are and you know
you can certainly create a form contract or a form letter where you’re just sort
of changing the scope of services you’re changing the price you’re changing the
due date but it’s really important to really have that dialogue with your
client not only to build a relationship with him or her but to make sure
everybody is on the same page concerning the obligations that each party is
expected to do well that’s that’s a good question if it’s not in the contract
then you’re gonna have a real hard time enforcing those extraneous aspects of it
so the more detail you can put into that contract the better it’s gonna be for
you and the better it’s gonna be for your client actually because then
everybody is on notice as to what they have to do so when you know if you’re
just putting forth to deal point so I’m gonna animate it’s going to be a one
it’s shorter it’s going to include these items you’re gonna pay me and you know
you know real something real simple then you can put in there which is I’ll
deliver it to you once you pay me you know what what you can do is and that’s
really sort of the hard thing to do and there are ways that creative people can
protect what they have put together by putting like watermarks you know across
the you know across the image that says this is a draft or you know created by
Conte gulia you know so that way nobody’s gonna be able to take it and
put it up on a website without you know giving you credit and people will see
that it’s not having to pay for you know but those are the types of things I
think you can do to protect yourself but getting back to the contractual
agreement you need to really define those extra pieces of it because the
deal memo isn’t going to you know really include those things because deal memos
typically are real short basic if you can elaborate on it and create it into a
more detailed contract and include those I think you’re better off protecting
yourself that way you