This is why you should always reserve your rights at the beginning of a project. I know it's too late now, but you should always send the client a short list of your right and theirs. Personally, unless they pay me extra, a client only gets the final flattened artwork from me. That's what they pay for.

The work files are yours. The stuff they have, they can do with whatever they want, but your files are yours. They can either buy them from you or continue your employment. Look up "Work for Hire" and you can figure out your rights.

Unfortunately, there's only a slim chance that your relationship with this company can continue without either you getting screwed or them getting mad. Good Luck.

I agree with the fee structure. Explain that your agreement was with the previous owners and that you are not obligated to provide anything. Offer to continue working with them and get it in writing.
If that's not acceptable to them, charge them a fee for all your files but only provide them with flattened files as that i, realistically, what you were hired to do in the first place.

Personally, I would charge a fee. But then, that sort of thing (i.e., releasing native, original files) is written out in our contract.

But...

law_student is absolutely right. Don't *just* get advice from others in the business - like design projects, every situation is unique. Getting an attorney is the best and only way to solve the issue. What you'll pay hurt at first but it may just help you save face if nothing else.

Best of luck!

Try to come up with a solution that keeps you both happy. Give them the files, but charge them for however long it takes you to sort these out, and let them know in advance how much it will be. Any reasonable businessman will understand that your time costs money.

Paying for legal advice is going to cost you, and what is the likely outcome? You would either end up holding onto the files with no payment or handing them over for a fee. This fee may be more than you could negotiate without legal advice, but how much will you have to pay out?

As James states above, legal action may dent your reputation with this client and any other potential clients they may know, and will cause you a tremendous amount of stress.

I've been working with design clients for 13 years and the most helpful cliche I can offer you is 'don't burn your bridges'. There may come a day when this client offers you work again. It has happened to me many times.

Kate,

From your post, the new owners clearly do not wish to work with you. Their cleaning lady's second cousin is a high school senior who has taken the Intro to Graphic Design course. So you can mentally write off the new owners.

You have established a way of working with the old owners, and providing original artwork was not part of the deal. Otherwise, they would already have the files. It is not reasonable for the new owners to expect you to provide the files (i.e., change the deal).

Unless your services were part of the purchase agreement, you are out of the loop. The new owners will "seem interested" until they get what they want.

Having said that (from years of experience), what you decide is up to you. Nobody's going to court over this. Just keep being nice and follow your instincts. A compromise might be to offer to assemble all files and furnish them on a disc, and formally release all your ownership rights. In return you will be paid a fee for your time and talent.

Here's the important part: From now on, have all clients sign a Creative Services Agreement. Go over it with them now to avoid hard feelings later on. The agreement should spell out everything pertinent to the kind of work you do.

Below is a link to a generic Creative Services Agreement. No, it was not drafted by an attorney. But it is a reasonable agreement and having it in place is 100 times better than a handshake.

Best of luck!

http://www.davidamack.com/forms/Contract_generic.pdf

I agree with RhymingDesigner. Your relationship was with the old owners, and the new folks are only trying to get your stuff. Having been through this very experience, here's how I handled it.

I explained to the new owners that under your working agreement with the previous owners, they did not purchase the rights to your creative files. I explained that this is like purchasing the negatives from a photographer. When I use that analogy, people DO seem to "get it."

I explained that if they would like to purchase the working file, the fee for that is 50% of the original invoice for that project. (Your fee may vary; I know some designers charge 75% or even 100% of the invoice).

I would share with them that you only maintain archives of past projects for a "reasonable period of time," therefore, should they desire to discontinue the working relationship with your studio, those files will be purged effective on such-and-such a date.

Best of luck to you; don't freak out over it.

getting advice from an attorney is not the same as having an attorney contact the company. getting advice from an attorney does not turn things contentious. it just puts you in a position of understanding what your legal rights are. it may help you with creating a better contract to work with your clients in the future.

as others have mentioned, it's always best to spell out who retains rights to the the designs in your contract. you can also take a look at http://www.aiga.org/resources/content/3/5/9/7/documents/standard_form_of... for more information about setting up contracts.

My wife and I did some volunteer graphic work for a sports league.
My wife was on the league, but now she is not. The league is demanding the files to be turned over or their lawyer will be contacted. It could be just a threat. We planned on turning the files over, but it was going to take time. My wife is not computer savvy and we’re experiencing computer issues. My wife signed a league contract, and I am not aware of what is mentioned as far as design services go. I am not part of the league, but volunteered my time to construct their website. I never signed any contract. We don’t have money to afford a lawyer. We want to continue to support the league by still attending their events, but they’re getting nasty. Any advice will be helpful? Thanks, Keith

First off--wow. I'm a volunteer as well in various sectors and have never heard of the like of what you're going through. If it was me, I would ask for a copy of the contract your wife signed, to verify where you stand on this, and I'd also explain to them that the files are not retrievable, but if they wish to pay for a tech person to come and fix your computer you will be more than happy to turn over the *FREE* files.

It's really too bad that something you obviously enjoy has come down to the petty demands of a few. I'd also start talking with others involved with the league to see if they have had, or know of anyone else who has had, a similar experience with these league officials. Maybe more than a turnover of files is necessary.

ttfn
3 Dog

I ran a small commercial printshop for 23 years. I always gave my files to any customer asking for them. They have already paid for them. Anything that someone has paid for is theirs. You are good at what you do. Let your work sell yourself. They'll come back to you. If they don't, keep on truckin'.