Re: FLASH: turning over .fla files

[Cheri Harder]

Hi, Helen


I read your mail in a little different light, I think.  I think you are

talking more about something I just completed, which I will briefly

describe.


End client wants a web site application/site/Flash movie

Client contacts and contracts with a design firm (not me)

Design firm sub-contracts me the Flash programming

Design firm provides all graphics and sound to me

I put it all together into Flash movie and make it work.

Design firm wants fla as a backup


I think it is only good business practice for the design firm to want the

fla.  I feel I worked as part of a team, in this case, and that a great deal

of the fla belongs to the design firm


I upped the price, but gave them the source, and the design firm has no

intention of giving the fla to the end customer.


Now, you didn't mention anything about sharing any of the work (ie, the

graphics or layout etc...) but I think you are talking about this type of

situation, yes?  I had concerns about my decision, as well, but decided that

if I were them, I would definately need the "comfort" as it were of the fla

in my possession, since I am responsible for it to the client.


I thoroughly agree that there needs to be a contract, though, even with this

type of "partnership"


~~~~Cheri Harder~~~~~

charderawsolution [dot] com

Advantage Web Solution

www.awsolution.com


> I'm not sure what's standard, but we always

> have contracts for the jobs we do, even with a

> middleman.  The contract will define the terms

> and will dictate what you must and must not

> relinquish.

>

> The main advantage to contracting rather than

> regular employment is that you should be able

> to define your own means of completing the job

> (time, place, method, etc.) provided that you

> fulfill the requirements of the contract.

>

> The law of your country will dictate what is

> expected in the event that something is not

> discussed in the contract.  I believe both

> Canadian and American contract law allows, by

> default, the contracted company to retain

> ownership of anything that is not the final

> product.  So I think the FLA should be

> considered a 'method of completing the job'

> and not a final product.  Your methods are, by

> default, your own intellectual property, unless

> you surrender them explicitly in the contract.

>

> My company writes a lot of custom software,

> and we (very) rarely give away any source

> code, and when we do, we get compensated.

> The source code (or the FLA in this case) is the

> method, not the product.  It's not usually

> economically smart to hand over your means of

> production to someone else.


> > Would delivery of a .fla file to a company to whom you are

> > subcontracting (not the final client, who probably just wants a working

> > flash demo) fall into the same category as delivery of a .fla to a

> > client?  ie, would it be standard to include an extra charge (in

> > addition to rate charged for the .swf/.exe) for delivery of the .fla to

> > the company who has hired you (as a consultant, not an employee) to

> > produce a flash demo?




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