Services • Portfolio
Why Are Legal Terms/Rights Important?
TuShea Productions is about professionalism, reliability, quality and doing good business
by the book.
My clients trust me and I trust my clients and a good rule of thumb is to always use a contract so that both parties are in compliance with the legal terms and rights of usage for their project.
Knowing the rights and what is entitled protects both parties with a signed agreement.
TuShea Productions follows the same AIGA guidelines and ethics as well as the guidelines and ethics of the, Pricing and Ethical Guidelines Edition 14. According to Chapter 2: Legal Rights & Issues, pg. 21, states to promote and maintain high professional standards of ethics and practice, and to secure the conformance of all buyers, users, sellers, and employers to established standards. One of the primary goals of the Graphic Artist Guild is to help buyers recognize the value of graphic art to their business and the importance of fair and ethical relationships with graphic artist. The Guild upholds the standard of a value-for-value exchange, recognizing that both client and artist contribute to a successful
Artists’ rights to control the use of their original creative art are defined primarily by copyright law, which also provides the basis for pricing and fair trade practices.
Since 1989, U.S. copyright law no longer requires a copyright notice: original artwork is protected from the moment of it’s creation, whether or not it is inscribed with a copyright notice. It is best, however, for artist to have their copyright notice appear with their work whenever it is published, placed on public display, or distributed; this helps avoid certain risks of infringement.
Because current copyright law automatically “protects” original artwork from the moment it is created, even without a copyright notice, an artist always has the right to assert a claim for copyright infringement even if he or she has not previously registered the work in question.
Licensing copyright rights to a client to use a work for a particular purpose for a particular length of time or in a particular geographic area means the artist is still the owner of the copyright for any uses not licensed and wholly the owner after the term of the license has expired. For instance, an artist can license the right to make copies of a work, display it, and make derivative works from it.
For example, an artist creates an illustration for a magazine cover, but then the magazine wants to use it for a promotional poster. The magazine has to go back to the artist for another license to use it on the poster and pay the artist an additional fee for that use. If a graphic designer is hired to create a logo for a company that wants widespread use of the logo on all its products and merchandise, the designer must be paid accordingly for transferring all the rights to the company so it can use the design in any way it wants.
(The designer may want to stipulate in the agreement that he or she may use the logo for promotional purposes.) If a designer is only paid to create a company logo for stationery and business cards, then it should be spelled out in writing that the company cannot use the logo for other uses, such as on uniforms and for a twenty-foot sculpture on the company campus.
Licensing is a business decision. Only the individual artist can decide what terms or length of time best suit the client and the situation.
Moral rights are derived from the French doctrine of droit moral, which recognizes certain inherent personal rights of creators in their works, even after the works have been sold or copyright transferred. These rights stand above and distinct from copyright. The doctrine traditionally grants artist and writers four specific rights:
1. The right to protect the integrity of their
work to prevent any modification, distortion,
or mutilation that would be prejudicial to their
honor or reputation.
2. The right of attribution (or paternity) to insist
that their authorship be acknowledged
properly and to prevent use of their names
on works they did not create.
3. The right of disclosure to decide if, when,
and how a work is presented to the public.
4. The right to recall to withdraw, destroy, or
disavow a work if it is changed or no longer
represents their views.
A trademark may be a word, symbol, design, or slogan, or a combination of works and designs, that identifies and distinguishes the goods or services of one party from those of another. Trademarks identify the source of the goods or services. Marks that identify the source of services rather than goods are typically referred to as a service marks. Normally, a trademark for goods appears on the product or its packaging, while a service mark is usually used to identify the owner’s services in advertising. The protection given to trademarks and service marks is identical, and the terms are sometimes used interchangeably.
While a copyright protects an artistic or literary work and a patent protects an invention, a trademark protects a name or identity. For example, Adobe is used as a trademark for certain software products, Mickey Mouse is a trademarked character for Disney, and Amtrak is a service mark for railroad service. Product names and logos are the most traditional form of trademarks. Sounds, such as jingles, can also be used as trademarks, as can product shapes or configurations such as Coca Cola’s distinctive bottle shape.
Who owns the artwork?
The Buyer of the Designer?
For the person buying design services, the question of artwork ownership might seem obvious: the person who pays for the artwork owns it. Not so, according to copyright law. Whoever creates the piece owns it, regardless of who pays for it. This Copyright Act became effective in 1978.
Copyright Law 101
Copyright protection is extended to creator of the sketch, copy, photo, or illustration the moment the idea is fixed in any tangible form (i.e., on paper or computer file). The creator does not need to register the sketch, or put a © on it, or even tell you “this is copyrighted,” to be protected by copyright law.
Terms of Service
By ordering any service from TuShea Productions, you (hereafter referred to as ‘Client’) agree to abide by the following terms
Copyright and Permission
It is the sole responsibility of the CLIENT to obtain all necessary permissions and authorizations with regard to the use of all copy, graphic images, company logos, trademarks and or any other supplied material. Every contracted work will be seen as a guarantee that all such permissions have
All sites, graphics, and other files created by TuShea Productions for the CLIENT are the sole property of TuShea Productions until CLIENT’S balance is paid in full, at which time said sites, graphics, and other files are the sole property and responsibility of the CLIENT.
Your information will NEVER be Sold or given away to a third party outside of TuShea Productions services.
Access and Rights
TuShea Productions art must be granted access to the server directory where the design is to be placed. By signing this agreement, it is also granting Elune Art full “on demand” access to the installed files. CLIENT further agrees that Elune Art shall have the right to remove “our” design from public view for failure to adhere to the terms of this agreement. These could include violating licensing agreement or failure to pay fees duly assessed.
TuShea Productions art cannot and will not be held responsible for modifications, alterations, or deletions made by any third party. CLIENT acknowledges and agrees that TuShea Productions has no control over and will not be liable for the unlawful acts of others who access CLIENT’S installed and publicly posted materials.
Right of Refusal
TuShea Productions reserves the right to refuse service for any content deemed inappropriate, illegal or immoral.
"Submitted for Approval"
TuShea Productions will post all site work done to our server for review by CLIENT. This will allow the CLIENT an opportunity to review the appearance and content of scripted material. All custom programming and custom graphics including logos, animations and flash programming provided for CLIENT per the original contract will be considered as part of the finished product even if the CLIENT decides not to use.
If the CLIENT request changes outside the limits of original contract, CLIENT agrees to pay TuShea Productions web design fees on a per hour basis. Unless TuShea Productions is notified via email within ten (10) days of posting review, TuShea Productions will consider the material deemed acceptable by the CLIENT. Payment of the fee balance will then become due.
Posting to Server
Upon payment of balance, TuShea Productions will post (install) pages to CLIENT’S server (site location). This may take several days depending on the setup times and server side changes that need to be made.
CLIENT acknowledges and agrees that TuShea Productions cannot guarantee constant service because of the variables involved. Circumstances beyond our control include but are not limited to service interruptions caused by “acts of god”, telecommunications system failures and
TuShea Productions will not be held responsible for any damages arising from the use, misuse, or implementation of any sites, graphics, or other files created for the CLIENT.
Acceptance of Terms
Placing an order or contracting TuShea Productions for web design or graphic design will be regarded as acceptance of these Terms and Conditions.
CLIENT agrees that a link will appear at the bottom of each page in the CLIENT’S site. Link will be in the form of a very small graphic and/or text link.
Fees due are payable by cash or credit cards via Pay Pal. The initial payment of 50% being due upon signing this agreement. The balance will become due upon completion of the contracted work in accordance with the CLIENT’S original written specifications.
Final payment must be received before the site will be “live”.
All overdue accounts will be assessed a 10% monthly late fee. All payments must be in
PAYMENT MUST BE RECEIVED BEFORE THE SITE GOES LIVE, VIDEO IS DONE, DESIGN AND PHOTOGRAPHY FINAL. NO EXCEPTIONS.
Quick Understanding of Our Business
Photography, graphic design, web design, art, dry cleaning, lawyers, etc are all pay-for-service. You have a service you need help with, you pay for it.
Pay-for-service generally takes on two general forms: pay per project and pay per time. I’m sure you know the difference but I’ll explain the two for anyone else who might not be aware of the two.
Pay per project is like it sounds. The client and service provider agree upon a particular outcome or service and the client pays as a whole for that service. Take dry cleaning.
You pay $1.30 for the “project” of having a
Pay per time is paying someone based on how much time they spend doing your bidding. Lawyers and doctors are probably the most notorious for making hundreds of dollars
General Trade Practices
General Trade Practices
The following trade practices have been used historically for graphic design and thus are accepted as standard.
1. The intended use of the design, the price, and the terms of sale must be stated clearly
in the contract, letter of agreement, or purchase order.
2. The use of a design influences the price. If the design will be featured over an extensive geographical area or is an all rights sale, fees are significantly higher than when used locally, within a selected area, or for limited usage.
3. TuShea Productions charge higher fees for rush work, often charging an additional 100% to 200% for the original fee. TuShea Productions charge an additional flat fee, instead of a percentage. A job may be considered a rush if the designer is
requested to do the work on a greatly abbreviated schedule.
4. If a design will be used for something other than its original purpose, such as for an electronic database or on a web site, TuShea Productions will negotiate reuse arrangements with the original commissioning party with speed, efficiency, and respect for the client’s needs. Note that the secondary use of a design may be of greater value than the primary use. Although there is no set formula for reuse fee ranging from 25% to 100% of the fee that would have been charged had the work been originally commissioned for the anticipated use.
5. Return of original artwork, computer disks, or digital files to the designer should be automatic and should be done in a timely manner, unless otherwise negotiated. Note: This may affect sales tax requirements.
6. If a job is canceled through the fault of someone other than TuShea Productions, a cancellation fee is charged. Depending upon the stage at which the job is terminated, the fee paid should reflect all work completed or hours spent and any out-of-pocket expenses and(outsource work).
7. A rejection fee is usually agreed upon if the assignment is terminated because the client finds the preliminary or finished work to be less than satisfactory. Depending on the reason for the rejection, the rejection fee for finished work is often equivalent to the charge for the number of hours spent on the job.
8. TuShea Productions does not do work on speculations based upon the risk and consideration of arrangements that come with speculative work.
9. No new or additional designer or firm should be hired to work on a project after a commission begins without the original designer’s (TuShea Productions) knowledge and consent. The original designer (TuShea Productions) may then choose, without prejudice or loss of fees owed for work completed, to resign from the account or to agree to collaborate with the new design firm.
10. Major revisions or alterations initiated by the client (Author Alterations, or AA) are usually billed at the designer’s hourly rate. In such cases, TuShea Productions will apprise the client of anticipated billing and obtain authorization prior to executing the
11. TuShea Productions is unalterably opposed to the use of work-for-hire contracts, in which authorship and all rights that go with it are transferred to the commissioning party, and the independent designer is treated as an employee for copyright purposes only. Under a work-for-hire arrangement, the independent designer receives no employee benefits and loses the right to claim authorship or to profit from future use of the work forever.
12. TuShea Productions is entitled to a minimum of five samples of the final piece.
Most contracts include a section specifying how, when, where, and the duration for which the design will be used. The extent of use determines which copyrights the client needs and may be a factor in establishing appropriate fees. TuShea Productions is often entitled to credit and copyright, unless another arrangement is negotiated.
TuShea Productions often contracts freelance illustrators, painters, sculptors, photographers or other artists for work on a limited-use basis for specific projects. In addition to copyright concerns, all terms and conditions of working with independent artists should be clearly outlined in writing and reviewed prior to the commission.
In addition to TuShea Productions fee, expenses reimbursed by the client typically include subcontractor’s fees, digital output and file storage, supplies, travel, overnight couriers, and messenger services. Data indicate that the markup for these services, when charged, usually ranges from 10% to 30%. Reimbursable expenses can be billed monthly, upon completion of project phases, or upon completion of the project.
Responsibilities of Client:
The client is usually responsible for copy writing, providing copy in an electronic form, proofreading, and sometimes press approval.
When TuShea Productions is called in by a client for advise on a project or design decision, consultation fees are often based on an hourly rate. Consultation ranges from $80 to $300
This website was created and
designed by Germaine S. Compton
TuShea Productions Advertising & Multimedia Marketing Agency
Specializing in Creative Multimedia Marketing
Ph. 281-468-0826 Fax. 281.980.3085