Whether you are new to graphic design or an experienced graphic designer with multiple contracts in your portfolio, it’s important to be clear about the scope of the work before signing a contract. For a project to succeed, you will need to set out all the parameters under which you will work in a robust graphic design contract.
This way, you will be protected if there is any dispute down the road. Some of the disputes you may encounter when giving services that involve creative expression involve intellectual property. Others could be initiated by a client who may not be happy with the deliverable from his point of view.
Unfortunately, these issues are quite common and happen constantly despite all possible warnings. This is why we decided to talk about the importance of having a robust contract in your graphic design and branding business.
What are the legal issues graphic designers need to keep in mind?
When providing clients with graphic design and branding services, it’s important to know all about the legislation surrounding your business. The clauses that need to be considered and drafted correctly in the graphic design contract are explained below.
Intellectual property
Creative expressions (logos, images, designs, patterns, trademarks), as in the case of graphic design, are protected by law. While the copyright belongs to the owner of the image, for example, i.e. the person who invented the image, the owner has the right to license that image or give away the copyright.
Therefore, the contract should include how the parties will own the intellectual property during the project or after its completion.
The intellectual property clause needs to be considered and drafted correctly. However, it is important that you retain some elements of your intellectual property rights so you can use them when providing your services to other clients.
What should you include in a graphic design contract?
When drafting your graphic design contract, you should make sure your client knows what to expect from you. While there is no one-size-fits-all approach to graphic design terms and conditions, here is what a good graphic design contract should include.
- Provision of Services
- Payment terms: How much, when and what payment method do you want to be paid
- Client’s Obligations
- Delivery details: Time and how you will deliver work
- Liability
- Confidentiality – What information do you allow to be disclosed, and at what point
- Termination and void contracts – When and under which circumstances can a party terminate the contract or what would cause to breach the contract to become void
- Intellectual Property or retention of copyright
- Marketing permission – this will permit you to use the same work in your marketing materials
- Retention of title: this clause confirms you own the goods and creative expressions until they are paid for
Takeaway
If you need help with drafting your Graphic Design Term
The Graphic Design and Branding Terms and Conditions and Contract, ready for download here, is drafted by us, as lawyers with years of experience.