Re: Legal issues with designer's files
I think that designers are technically correct in asserting ownership of designs, but most of the time, designers are unclear about rights and rights management and deliverables. If you make you client sign a contract, which explains everything in plain english, or work for a Large Corporation, that requires you to release your rights in plain english so that going into an assignment it is clearly understood where the client, designer stand, and you violate the clearly understood rights that is one set of facts, with clear legal conditions and consequences.
But if it is not a clearly understood relationship legally, but an informal one, then I believe that a Designer is not on firm grounds to assert rights. I believe that there is much room for misunderstanding of the ownership and the right to make modifications, the nature of the license and the deliverables It is an informal relationship which requires common sense and negotiation to ensure that both parties remain satisfied. In Massachusetts, unless a lawyer is involved on both sides, a contract is not generally enforceable ( I discovered this when I was sued in a business dispute, and the lawyer said it did not matter I had terms and conditions in a contract, eventually I prevailed) and Common Law, the phases of the moon and who you get for a judge and if your lawyer is known to the court will determine what your rights are. So normally I believe Contracts are not really practical for smaller projects, but a plan english statement deliverables, rights and obligations of the designer and the client is a good place to keep a relationship on a honest. It will count, if things go south, but it will not necessarily be a governing document if it goes to court.
Besides, unless the client is a jerk, why would you make difficult for the client. It is better business to cooperate, and keep a healthy relationship. And even if the client is a jerk, give them your art, so they will go away and not bad mouth you. Reputation, word of mouth is far more valuable than one client, or keeping one's rights.