What key elements should be included in a graphic design intellectual property agreement?

There are cases when, even with ownership rights clearly stated in the agreement, a designer might randomly spot their work on someone’s socks in the subway or on the street (just as an example). And while this clause won’t fully prevent the need for legal action, specifying ownership is essential – just like attribution is key to preventing plagiarism.

There are many nuances, and they always revolve around the specifics of usage terms: from whether the client has exclusive or non-exclusive rights to the design, to whether they are allowed to modify the work after delivery. Defining this helps preserve the authenticity of the project if alterations occur.

Including royalties in the agreement is also a good idea – just in case you find your design not only on socks but also on T-shirts (kidding, of course). Any use of your design – whether it’s posted online, displayed at public events during a presentation, or distributed elsewhere – entitles you to seek compensation. This means that if the payment terms are clearly stated, especially for licensed products, you’ll have a solid basis to reclaim justice in the event of “theft”.

Ultimately, it’s always wise to have a lawyer friend who can not only advise you but also help prevent problems from arising in the first place.