Sending the RAW PSD & 3ds Max files to the client.

[spunk91]

I got a client that asked me to send him the raw files for a project i just did.

It was late, and I didn't think much about it, so i just replied that i would bring it to him the next time i would go meet him.

 

I know i shouldn't send the raw files, because thats not what they payed for. It's a big client to me, so i can't risk to loose them.

 

My question is what the correct move from my side would be? Should i just say no, or charge an extra fee for raw files?

 

Thanks in advance,

 

Niklas.

[John Dollus]

collapse the layers in the PSD and delete the channels before sending to them. When they ask, tell them layers are for amateurs and you do everything on one layer because you are a master of your craft. Also, digimarc it and register the image.

[neil poppleton]

The question has to be why do they want them ?

[spunk91]

*John

Haha, i don't think the one with the layers is going to stick

 

*Neil

They just said they would like to have the files so it would be i their archive.

[MihaiGuigouas]

OK Niklas, maybe you cannot collapse ALL the layers but at least you can collapse some of the layers to a manner that don't disclose your work technique like group the layers in 2-3 merged layers, add 1-2 quasi-irrelevant layers and so on. As for the max files, all you have to do is to overly (and useless) increase some settings in GI or glossy reflections or such. This way a single rendering will take them 1-2 days and your files will be useless for them. And then, learn from this episode, specify in the contract that the source files are not for sale.

[Scott Schroeder]

I got a client that asked me to send him the raw files for a project i just did.

It was late, and I didn't think much about it, so i just replied that i would bring it to him the next time i would go meet him.

 

I know i shouldn't send the raw files, because thats not what they payed for. It's a big client to me, so i can't risk to loose them.

 

My question is what the correct move from my side would be? Should i just say no, or charge an extra fee for raw files?

 

Thanks in advance,

 

Niklas.

 

Changing your mind would be detrimental to your client. Unfortunately you have already informed them you would give all of your RAW files, in working order and for free, to your client. You did not mention anything about a bill or collapsed files. If you show up to that meeting with collapsed PSD's/Max files, tell them no, and/or a bill, they will not be all to happy.

 

If you give them a Max file with screwed up settings, and they have someone take a look at it, they may think you are completely incompetent and go somewhere else.

 

I hate to say it, but you put yourself in a rough spot here by blindly responding the first time to them that you would do this without considering the consequences. You can't go changing things under the radar and surprise them. If this client is important to you, you my have to just bite the bullet here and learn a very tough lesson.

[spunk91]

Thanks Scott. I'll bite the bullet and tell them that for future projects they will not receive the source files.

 

Well, i think i learned my lesson!

[Nils Norgren]

One very important underlying issue here is the idea of "work for hire" (at least in the USA). The first and most important part of the relationship everyone has with their client when working on a job is the contract, this contract will dictate copyright ownership and usage rights for the work.

 

In the USA when working under a "Work For Hire" relationship with a client, the client owns EVERYTHING created for that job, the raw photos taken on a scout shoot, all models created for the job, all textures and entourage used in the job. This is not an acceptable relationship within our industry, we often have this battle with clients, (at least the ones who have their lawyers read the contracts). There is a fundamental problem when using library entourage in an image, the copyright isin't owned by the artist so it cannot pass to the client.

 

First step, use a contract that describes ownership of the work and usage of the final product.

[M V]

This comes up quite a bit these days. I would collapse most of the PSD and remove your render settings from the file and do not include the textures (tell them they are not yours to give away). If they can take that and figure out your workflow and never hire you again, then this is a client that you were not going to get a lot of work from anyway.

[Wil Vaughn]

I am seeing both sides here, Usually an Archtect will want any related info on a job in their "job" folder so they can use it later down the road if need be and assure themselves they have it safly saved. This coould be an innocent situation and simply they are protecting the work you did.

However, you should assure them you always back your files up and you can guarantee the safty of those files. Not to mention some items you used on that project have copy rights on them & you can not transfer those items.

 

Then there is the "reverse" engineering of those files to see how you produced the final product. This is honestly what I would automatically think someone is trying to do especially if they were asking for the MAX files. If they have MAX then they are doing 3D in-house or wanting to start, what better way to start or improve in-house quality then pay you 500 for a small job and apply that info to their next big job.

 

Never give up your files. Always stipulate in contract what you will and will not provide them. I only provide the final images to the client because that is what they are buying from me, art not the digital job files. Once they have digital files all they have to do is open, adjust camera and render multiple views, I charge extra for multiple views in a scene because it takes more time.

 

Don't set yourself up to fail. This is business not a friendship, just because I love the jeans that the Buckle makes doesn't mean I can demand they provide me with the patterns to make them.

Edited December 13, 2012 by Wil Vaughn

[notamondayfan]

Sticky situation you have there!

 

What you could look to do is create a new contract for the files, stating that you are transferring the files to their archives free of charge, and that the content of the files should only be used to back-up your original files in-case of loss of data from your archives, and in no way to use in any other way. If the client in the future wants to use the files, then a price has to be agreed before any work can commence. You can also zip and password protect the files and release the password when needed in the future. This would stop the client snooping though your files and reverse-engineering your files.

 

If I were you I would get booked in with a solicitor ASAP and get them to draw up a very short but binding contract, and state to your client that this is your standard practice. That way you don't look unprofessional, and they are more likely to agree with you.

 

Dean

[notamondayfan]

In the USA when working under a "Work For Hire" relationship with a client, the client owns EVERYTHING created for that job, the raw photos taken on a scout shoot, all models created for the job, all textures and entourage used in the job. This is not an acceptable relationship within our industry, we often have this battle with clients, (at least the ones who have their lawyers read the contracts). There is a fundamental problem when using library entourage in an image, the copyright isin't owned by the artist so it cannot pass to the client.

 

I have worked like this where I have been contracted by studios for a period of time, so I'm basically a temp worker. Unlike producing a final piece of work, my work is what I create during the contract period, regardless of what the content is. This is very different to being contracted to produce a specific piece of work. My contract outlines this anyway, and that's the key I guess.