Website/Graphic Design Files - Intellectual Property – Who Really Owns the Raw Files

As many of you may know trying to obtain the raw Illustrator files or PSD for websites and logos and similar can be a huge challenge.

We take over many websites on a monthly basis and were shocked as to how many do not have proper backups of all their raw files. They go to the originating graphic designers and over 70% of the time they are completely uncooperative and either ask for extra money or worse they claim to own the Intellectual property.

I have never taken this to law courts, however in my opinion if the original graphic designer did not advise the customer they will not own the files and/or indicate an additional fee is required is being somewhat fraudulent. I know the old caveat emptor comes in but let’s face it most customers have no clue about how important this is until they want to leave.

I would love to see a judge rule that after a customer has paid for a custom logo or web design in full that they don’t own the rights to it, the designer does. This does not make any sense to me.

Business owners, be aware that this important asset for your company may not even be owned by you. Don’t allow yourself to be in this situation and ask right in the beginning for full release of all rights and all your raw files on a cd.

Our policy is simple, once the design is complete and final payment is made, you own everything. I would far prefer the customer come back because they like the service we provided versus being forced to.

I’d love to hear other comments on this extremely important subject.