When a client asks for source files.

Hi

I am interested in knowing how others handle a client when they ask for source files either up front or after a project.

My rule of thumb is to charge 25% of total invoice to release source files because they might show guarded techniques on how their deliverable was constructed (materials, post production timelines etc), an obvious value to another person.

The release of source also suggests I am releasing my copyrights to the source. Another value to the client.

If you know up front, there is a different working process when you know that a client wants the source files. Neater folder structures, no network or hardcoded paths, layman naming of layers / objects and avoid using anything that you can not hand over like in house scripts, templates etc.

To avoid problems this is best written in up front before a project starts. This allows you to offer it as an extra service to the client if they want the source AND the deliverable, you can sell it as a highly valuable option.

If they ask for source after a project is delivered, you can point to your contract where it was listed as an extra. If you didn’t write that in then things can get messy quickly as clients often don’t understand the value in source files.

Do you have any advice on this? Any bad experiences?

Thanks
Geoff

Your written contract should specify exactly what deliverables the client is to receive, exactly who owns these materials, whether or not they are “A Work Made For Hire” (as defined by US Copyright Law …), and what may and may not be done with them. These particulars should be spelled-out at the start of the project, and both of you should possess an identical copy of the contract with both of your “original, in-ink” signatures and handwritten dates thereupon.

Likewise, when any material change or addition is made to what is set forth in that contract, a written amendment, change-order, or new work-order should be spelled out … and both of you should once have “original in-ink signatures and dates” thereon.

Good fences make for good neighbors.

Every lawsuit begins with a misunderstanding. (And never-mind that: “word-of-mouth will take you down long before any lawyers get the chance.”)

If you do release the source files, you should stipulate in writing that you are not responsible for making any changes whatsoever to the files if they have meddled with them: you’re responsible only for making changes to your own private copy of the material that you then duplicated and furnished to them.

Furthermore, release of source-files does not necessarily imply that you have released your copyright! (If the works were “a work made for hire,” you never owned the copyright to begin with … they did.) This is one of the many reasons why you need to state, “in meticulous detail,” what the whole truth of the matter “shall be.” In writing. With the client’s original signature as well as yours.

Keep a printed copy of every correspondence: every e-mail, a log of every telephone conversation, every text. E-v-e-r-y-t-h-i-n-g that “a trier of fact,” an arbiter or a jury … or, the client himself … may need to fully and objectively understand everything that has transpired.

Good fences make for good neighbors! This scrupulous attention to detail also makes it clear to the client that you are an experienced professional. That his faith in you was justified, and that his money and his project are in good hands. When someday someone asks him, “so, who would you recommend?” … these are the things that matter most of all.

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If source files are not specified as deliverables, then there’s no point in arguing. After work is done make another contract or add annex (+ extra price, remove everything what you do not own - No reselling of bought or free downloaded asset). Clients usually have a very good view on what they’re buying.
Has any customer/client ever got a chefs recipe for a dish? Do carpenters add their plans? Does a tailor supply his patterns with suits and dresses as well? No. So why play the same game by different rules.

Clients just ask for more, as it doesn’t hurt :wink: Standard practice for newcomers.

I say no. If a client is very persistent i explain that annex will be added and the price will go up by at least 10x.
Your choice.

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tell him to sod off till he pays at least half of the agreed price if it’s up front

it’s been my rule ever since I got burned the 300th time.

… 300th time.

naive optimist :yes:

How was I supposed to know that most people have the moral standards of Isis when it comes to freelancing? :wink:

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Religion as “food for mind” and as all food that feeds, also poisons - or makes one fat :wink: (while some just don’t listen their mind, body & soul). Balance. No one is immune.

“How and when you get paid” must be a clear part of your written and co-signed contract. It is customary to require a down-payment of as much as 50% up-front, and progress payments (accompanied by agreed-upon proof of progress) if the project is long. By the time the final delivery is made, you should have most of the money already in your pocket.

Remember what Chester Karras used to say in all those in-flight magazines:

“In business, you do not get what you deserve. You get what you negotiate.”

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