As a business owner or marketing professional, you’ve likely worked with designers to create stunning visuals like logos, brochures, or ads. But what happens when you need access to the original “working files” behind those designs? It’s a common request, but one that’s often surrounded by confusion—especially when it comes to copyright laws. In this post, I’ll break it down for you, drawing from industry standards to help you navigate these waters smoothly. Whether you’re commissioning a new project or revisiting an old one, understanding your rights (and the designer’s) can save time, money, and headaches.
The Basics of Copyright in Design Work
Let’s start with the fundamentals. Under copyright law (such as Australia’s Copyright Act), the creator of an artistic work—your designer—is the initial owner of the copyright. This might surprise some clients who assume that paying for a design automatically grants them full ownership of everything involved, including the digital source files.
In reality, when you hire a designer, you’re typically paying for the *final product*: a polished PDF, image, or print-ready file that’s ready to use in your marketing materials. The working files—think layered Photoshop documents, Illustrator vectors, or InDesign layouts—are the designer’s intellectual property. These files represent hours of creative effort, specialised skills, and even proprietary techniques that help the designer maintain their competitive edge.
It’s similar to how you might protect your own business secrets: recipes, processes, or strategies that give you an advantage. Designers do the same with their working files to safeguard their reputation and brand integrity.
What This Means for You as a Client
If you’re thinking, “But I paid for it—shouldn’t I own it all?” you’re not alone. However, without a specific agreement, the designer retains copyright over the working files. Here’s how to approach this:
Discuss It Upfront: During your initial briefing or contract negotiations, make it clear if you want access to the working files upon project completion. This allows the designer to quote any additional “artwork release” fees right from the start. Being transparent early avoids surprises later.
Requesting Files After the Fact: If the need arises down the line (e.g., for updates or repurposing), you can still ask. Just be prepared for a fee—often ranging from 50% to 300% of the original project cost. This compensates the designer for relinquishing their IP.
Key Takeaways: Who Owns What?
To make this crystal clear, here’s a quick guide to copyright ownership in design projects:
What the Client Typically Owns:
– Copyright to any text, images, or assets you provide to the designer (assuming they’re your original work).
– Rights to use the final artwork (e.g., a print-ready PDF) for its intended purpose.
What the Designer Typically Owns:
– Copyright to concepts, drafts, and non-final artwork.
– Full copyright to all working files.
– Licenses for fonts, stock images, and other elements used in the design.
Navigating design working files and copyright doesn’t have to be a minefield. By communicating openly with your designer and formalising agreements in a contract, you can ensure everyone is on the same page. If owning the source files is crucial for your business (e.g., for in-house edits), factor that into your planning and budget from day one—it could come with an extra cost, but it’s worth it for peace of mind.
If you’re embarking on a new design project and have questions about contracts or IP, feel free to reach out. We’re here to help you create marketing materials that not only look great but also align with your long-term needs.