Didnt have a contract...

[Gavinart]

Recently a client called and asked to use a series of illustrations (I created for his company years ago) in a different language, for a subway campaign here in NYC. Having no formal contract other than a financial agreement, I guess I own the images. I see it as ethical to charge him again for the useage, not including expenses for altering.

Is this correct? Do I charge a fraction of the original cost for reusage, since the work is already created?

[Sumafra]

If your past agreement was for 'limited use' of the image, that is limited in terms of time or usage, then this would be a whole new ball game and I feel that you can charge full price again. But you should have something in writing setting out exactly what usage you are allowing, when, where and how long, etc. For your own protection. This is just my opinion as I don't have experience in that area.

[timelady]

Sounds reasonable to me - a percentage of the original price. Also, I'd consider setting up a contract in writing now in case they want to use them more in future.

The fact that they called you to ask is a good sign. If they thought they owned the images they would have just continued with the new ads, I figure. You have copyright on any artwork you produce automatically, whether you file for it officially or not. It's implied through the Berne Convention. Unless you had a contract stipulating that copyright or reproduction rights were transferred to the client they are still yours. The client probably knows this, hence the phone call.

Sounds like a good client! :)

Tina.

[tammy]

Originally posted by Gavinart
Recently a client called and asked to use a series of illustrations (I created for his company years ago) in a different language, for a subway campaign here in NYC. Having no formal contract other than a financial agreement, I guess I own the images. I see it as ethical to charge him again for the useage, not including expenses for altering.

Is this correct? Do I charge a fraction of the original cost for reusage, since the work is already created?

I think that if I were you you might really check into this has there is such a thing as work for hire which could mean that the images would belong to him, that of course depends on just what kind of financial agreement you had when you first did the illustrations. See, that's what bothers me is that you said you created this for his company. You might check out work for hire here.
http://www.copyright.gov

[tammy]

I'm going to move this to our new Legal Forum where you may get a few more answers - Moderator