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  • # May 2, 2013 at 11:54 am

    I made a final-artwork design for a game application when i was working for an ad agency and decided to resign one month ago. however in the end, our client decided not to use it.

    today my agency called me and asked me to give them all of the final artwork (i know that they are trying to re-use it for other client) the risk is I will not get any credit, but the new designer who took my place will…

    Should i give the fil eto them, or not?

    # May 2, 2013 at 12:11 pm

    I would negotiate where financial gain would be included. But as stated above, it depends on your contract with the agency.

    # May 2, 2013 at 12:12 pm

    If you made this artwork during your employment artwork is not yours.

    # May 2, 2013 at 12:13 pm

    @AlenAbdula That’s not always the case. It has happened to me before.

    # May 2, 2013 at 12:16 pm

    > it depends on your contract with the agency

    This.

    # May 2, 2013 at 12:17 pm

    > I will not get any credit

    You already got paid. Isn’t that credit. You can still use this artwork in your portfolio. What kind of credit are you looking for? @kara801

    # May 2, 2013 at 12:20 pm

    I was in employment that time…i could just give them the files if they use it for the same client…but the condition here is, they got a new client and tried to sell the files to them…

    # May 2, 2013 at 12:21 pm

    > You can still use this artwork in your portfolio.

    Not necessarily. Again, contract with the employer.

    When you work for a company, the work that you produce isn’t *yours*, it’s the company’s. I’d argue in *most* cases you need special permission to use it in your portfolio (which most employers are willing to give provided you say, “produced while working at _______”).

    # May 2, 2013 at 12:22 pm

    Right. But you were contracted to do the work for ad agency not the client.

    # May 2, 2013 at 12:23 pm

    @TheDoc I’m not disagreeing.

    # May 2, 2013 at 12:26 pm

    > Right. But you were contracted to do the work for ad agency not the client.

    Contract work and being *employed* are two very different things. In most Western countries, for example, there is a legal difference between being a ‘Contracter’ and an ‘Employee’.

    # May 2, 2013 at 12:29 pm

    By contracted I meant: employer assigned work to the employee. I should have used different word as I can see how that can be misinterpreted.

    # May 2, 2013 at 12:34 pm

    Then we’re on the same page! ;)

    # May 2, 2013 at 2:12 pm

    @kara801 Were you a freelancer that was contracted by this agency OR were you an actual employee? Can you answer that? To resign, I’m betting you were an employee.

    # May 2, 2013 at 5:46 pm

    > Now why they don’t have it on their servers, that’s a question I’m wondering.

    This, even if your contract stated art work you created is the agency’s, I doubt they can force you to keep copies of everything you made and just hand it over on demand.

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