Graphic companies

[Cyn]

I'm opening up a site with a friend of mine and we're wanting a mascot to go on our site. The thing is I'm NOT grahpically inclined and he's been trying to make a mascot but I'm looking for something a big more detailed and professional. I've come across a site that charges for custom graphics and asked if she'd make me one. What I want to know is will the mascot she designs for me/my site become MY property since I'm paying her? I've checked her site and she says nothing about copyrights concerning client graphics. I'm thinking since I paid her for her services then that graphic will become my property and I can do anything with it as I please, including altering it. Am I right?

Now with altering it, I know I can't say that this was made by her or pass it off as her creation, what not, because it's not in its original form, but I wouldn't even mention the fact that she made it or where I got it from. I don't feel like I'd have to link back to her site. Is this right too?

[kevin]

hmmm.... all you need do is ask her what your rights are once you agree for and pay for the image.

Most often it becomes your property to do whatever you want with it, including modifying it. I won't go as far as to say you can claim it to be your own work, but I don't think that is what you are asking about really.

Just ask her to clarify the details of the contract, which is what this is, a business contract.

[Southern Gal]

Almost every graphic designer that I know has a TOS (terms of service) on their site.

I personally would have a problem with someone altering something I made for them. If you pay me for it, yes, you have paid the fee, but I still created it.

This is what I have on my TOS: You may not alter or make any changes to any of the images I provide as link ware or purchase ware.

What did you want altered on the graphic? Why not just ask the artist to do that for you?

[Cyn]

Oh, she hasn't made it yet. I'm not sure she even charges for her graphics. All I read on her FAQ is she does not make custom graphics for free on her site so I asked her if I paid her, if she'd make me a mascot for our site.

And the reason I'm asking about altering the graphic is because I don't want to have to keep going back to her and paying her for small changes (i.e. changing the initials on his shirt or flipping him so that he's facing the other direction). And it's not like I'm being cheap, wanting to pay for one graphic and re-designing it over and over and over. I would be purchasing a series of my mascot in various positions, what not, to add variety to our site.

And I really don't see the issue a designer would have towards the client altering the graphic, after all, the mascot DOES belong to the client/website and NOT the designer. All the designer did is put the client's ideas and requests into a graphic. This graphic then turns into the website's copyright and/or trademark. I understand that the designer may be entitled to his/her own rights, being morally or legally, but I feel that as soon as the custom graphic has been exchanged for payment, then the rights go with it also.

[KWJams]

Are you familiar with the Fox head graphic all the kids are wearing.
It was designed 30 some years ago and purchased for $45.00 by the Fox brothers when they were a start up motorcycle clothing company back then.
The first thing they did was to get the image registered and copyrighted.

It was entirely their property, the artist had no further rights to the image after it was sold.

Perhaps the best thing to do is have her design several versions of same image. Left side view, right side view etc.

[Cyn]

I like the way you think! ;)

[Southern Gal]

Hi Cyn,

Perhaps the best thing to do is have her design several versions of same image. Left side view, right side view etc. Yup, that's what I was wondering as well. :)

I thought she had already been commissioned and was making the graphic for you! Sorry, my mistake.

[karidee]

Once you have paid for a graphic, which sounds to me like in this case it is an illustration, legally you have the right to use it for it's intended purpose. If it's purpose is to be used on all of your promotional items including your website then so be it. You may even have the right to make changes to it yourself, although as a graphic artist and an illustrator myself I find this highly annoying. The reason why is that once a client changes “my work” it may no longer be up to my standards of quality as far as being an attractive graphic. That means that I can no longer say, “I did that” and get business from other people who like my work. On the other hand you changing the graphic in small ways and then claiming that it is yours is no different than copying a website and changing a few things and then calling it your design.

On the subject of going back to the graphic's creator for little improvements, most artists will allow you to make 1-3 changes with out charging you, but after that they will start billing you every time you want more done. The reason for this is because it is not fair to the artist to keep having to come back to a project again and again without compensation, especially if it is because the client keeps changing their minds. If you paid me $500 for a mascot picture and you changed it a bunch of times, then that $500 I charged you for say 10 of hours of work has now become $500 for 20 hours of work and now I'm spending all of my time working on your graphic no longer earning money when I could be working on projects for new more decisive clients. If you are curious about more of this there is book published by the American Institute of Graphic Artists about the ethics and legalities of design work. They also have some information on their website http://www.aiga.com