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I have a potentially awkward situation with a friend/client, who's having her boyfriend/amateur-videographer make a video of an event she's hosting, for which I've designed all marketing materials etc. (self.freelance)

submitted ago by LogicSniper

Awkward may not be the best word. The client and I have a great professional relationship, but I don't know the boyfriend. I've seen a couple of his videos and they're ok. Definitely amateur quality, but not something aunt Jean would slap together with windows live movie maker. I imagine the video he's putting together will be used on her Facebook fan page, she'll probably want me to put it on her website too, so it'll end up being a marketing tool.

The client is hosting a charity event for which I've created all the marketing materials- brochures, fliers, sign in sheets, business cards, banners, logos etc.

My question is this: I assume her boyfriend may elect to display some of my artwork in his video, and he may even ask for png files. Am I out of line if I preempt this situation by telling the client simply that her boyfriend will need to credit me in the video if any of my work is used in the final product?

What's the norm for this type of thing?

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[–]memememedia 6 points7 points ago

Depending on your contract, they may (or may not) need to credit you.

It depends on the usage/terms of the video on whether they should even have license to using your material if it's outside the license terms.

If there are credits, then you should be credited. Given it's an event coverage there will probably not be credits. By credits, I mean something even as limited as "event hosted by xxxx, video by xxxx, music by xxxx, graphics by xxxx."

[–]Special_Kev 12 points13 points ago

Typically, once she's paid you for it, it belongs to HER, not you. There is no reason he'd need to credit you in his video as it no longer belongs to you. If she wants to plaster HER logo in some shitty homemade video, that's her choice to make.

[–]ajrdesign 4 points5 points ago

Not necessarily, it all depends on the contract. A lot of contracts give over distribution rights, meaning she's allows to use the designs in "X" for "X" amount of time but anything outside of that isn't exactly legal.

That being said I wouldn't be super uptight about it here. If they are asking for source files to manipulate the artwork I would put my foot down but if they just want to use it in a video just let em.

[–]Special_Kev 1 point2 points ago

I did say "Typically".

Also, if OP had such a contract, he/she probably wouldn't be here asking about this at all. I'd wager that no contract was involved at all.

[–]pgessert 0 points1 point ago

A designer only transfers rights that are explicitly agreed upon. That means if they didn't discuss rights for video, the client hasn't got them.

[–]Thinks_Like_A_Man 5 points6 points ago

Why would you want your creative work credited on another creative endeavor that is far beneath your own quality?

[–]LogicSniper[S] -1 points0 points ago

Just looking for opinions. My thought was that the boyfriend may, by default, gain credit for having created my work and my thought was to avoid that. But you make a good point. He wouldn't be cutting into my market anyway.

[–]Thinks_Like_A_Man 2 points3 points ago

I would be more concerned about my name being associated with a shit product.

[–]LogicSniper[S] 0 points1 point ago

Would you take any action to keep your work out of the video, or would you simply ignore it's existence?

[–]Thinks_Like_A_Man 1 point2 points ago

It depended if my name was associated with it in an easily identifiable manner.

[–]Thinks_Like_A_Man 0 points1 point ago

I probably wouldn't because I don't really sell my creativity as much as my skills. I determined a long time ago just to give clients what they ask for which is often times shit. YMMV.