Having attr
active and informative brochures, pamphlets and business cards may be very useful in your business as this will help you to project a professional image.
You may consider hiring the services of a graphic designer to assist you in preparing these advertising materials. However, it is important to understand the legal implications of hiring a graphic designer and to make the appropriate provisions in your agreement with the designer.
Let’s take a look at some of the things to consider when working with a graphic designer.
Copyright and moral rights
When working with a graphic designer, it is important to be aware of the many intellectual property issues that will arise. For example, if the graphic designer who has created the graphics for your business is your employee, then you are automatically the owner of the copyright in the graphics. However, if the graphic designer is not your employee, then the designer is the default copyright holder and you will merely have a license to use the design for the purpose for which you hired the designer. If you conclude a graphic design agreement with the designer, you can include a clause whereby the graphic designer assigns his full rights to you.
Also, beware that the law confers “moral rights” on the graphic designer. This means that the designer will have the right to have his name associated with the design or to remain anonymous, if he so chooses. You can address this issue in the agreement by including a provision whereby the designer waives his moral rights in the work.
Milestones and deadlines
It is very important to set firm deadlines when you hire the services of a graphic designer. Often, it is also useful to set up milestones that will allow you the opportunity to review the designer’s work as he progresses and make corrections along the way so that you don’t end up with a final product that deviates greatly from the result you intended.
Your graphic designer may also impose deadlines on you. For example, he may require that you provide certain content for the project by a certain date or that you indicate your acceptance of various elements of the work by a certain date. Remember that if you fail to respect your deadlines for submitting the necessary information he may be unable to meet his own deadlines.
Payment Terms
Payment is obviously an important element of your agreement with your graphic designer. Quite often, the parties will agree that compensation will be paid in instalments, with a payment being due each time the designer achieves one of the agreed upon milestones.
To discuss the preparation of your agreement, you may contact Kelly Francis at (514) 802-7736 or at info@kellyfrancisavocate.com.
Disclaimer: This article merely gives readers an overview of the issues discussed therein and is not legal advice. Please do not take action based on this article alone without first seeking the legal counsel appropriate for your specific situation!
