Ownership of Templates

PlanetPob

Hello all...

I create advertisments for a client. I have built up over time, a collection of templates to create these ads.

He is now requesting to get copies of these master templates.

Does he have any ownership of these, considering that he is paying me to make the advertisements for him? I receive text and images to work with.

My initial reaction would be that, no, he does not. I am self-employed, and as so, I deliver the ads to my client in the format that he requires. However, the tools I use to do so remain mine.

Although, perhaps I am incorrect. Or, perhaps I should just give them to him anyway. What do you think?

tba

by templates you mean what exactly?

heggie

depends what was set out in contract, but i'd never give out source files to clients myself.

secret_squirrel

Jeebus No! Those templates are part of your IP. Unless you created them on his time with a contract that specifically stated that any work done by you on his time became his property.

Were you contracted to specifically create the Ads? If so I would expect the templates to be yours. They represent a huge amount of value to your business. Why would you give them away?

At the very least you should charge a HUGE amount for them, and make them sign something that limits what use he can put them to.

forbairt

I've been on both sides here ... needing access to the original persons templates and creating templates myself ...

Usually as I see it .. the customer only has access to the end result. Unless you were specifically asked to create templates for them or were working full time for the company at the time you created them.

I've asked desigers before for access to their templates and been told to **** off .. (told by boss to get them)

PlanetPob

Thanks for the replies. I have nearly made up my mind not to hand them over. That is what feels right to me. The only worry, is the cost of holding onto something that I may not use, if he chooses not to work with me because of a dispute. I suppose on the flipside, by holding onto them, I am giving myself some sort of security. Hopefully, he can see the benefit of my experience and the templates with ads in question. I am worried about ruining a good working relationship.
By the way, for the first poster, I meant templates as in the master InDesign documents that I work around to create ads.

Gordon

Surely if he's wanting the source templates then he wants to make the ads himself?

tba

that was my thinking, hand them over and you will never be needed again.

forbairt

PlanetPob wrote:

By the way, for the first poster, I meant templates as in the master InDesign documents that I work around to create ads.

I've think you've answered the question here

You give him the templates you're out of a job
You keep the templates he needs you / someone else

If you sell him the templates ... make sure you charge enough given that you'll have no work from him for a while ...

TempestSabre

tba wrote:

that was my thinking, hand them over and you will never be needed again.

Without the templates he might comback. With them he probably won't. Well not for that type of work at least. Dunno what else you did for him.

PlanetPob

I do not think that he intends to get rid of me quickly. My worry was that he wanted these templates in the event of me leaving, or perhaps getting too expensive. I was running this as I was a student (a mature one at that), and I am now leaving college. He would be able to pass the templates onto someone else that is in the same position as I was in, and charge them a relatively small amount to do the same work that I had built up through the years. I would say that he is trying to muscle up, as his business might be compromised considering I make all his ads.

forbairt

This might sound crazy ... but maybe talk to him ?

Ask him what he wants them for ?
Tell him your plans for the immediate future ...

Figment

I charge extra for source files.