Often, in design, there are requests by the client to release the layered, master files. Many clients feel a bit peeved when their designer tries to explain that the master files are not included in the final price and are not considered part of the Final Deliverables. Perhaps they are right to feel this way based on a misunderstanding of the profession and the assumption that the price they pay is for the rights to the master artwork. One of the roles designers play is to educate the client (or public) about many things, one of these things being why Master files are not always part of the deal. In an attempt to to clear up misconceptions, I’ve detailed the main reasons behind why master files are not considered part of the package for many freelancers.

First, we should resolve the difference between work performed by an Independent Contractor versus Work-for-Hire. According to the United States Copyright Act of 1976,  “work made for hire” is— (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. (17 U.S.C. § 101). Work-for-Hire typically implies Read the rest of this entry »