Designers-handing over your raw files after a job sours?

Question

So I had a dispute with a client and I think we might be terminating services. They are unhappy that I could not SEO the Flash site I just finished for them- so they are claiming I never finished any of it at all despite it being up and fully accesible. Oh well. Anyways- do I have to turn these files over to another designer? Do I have a right to charge extra for turning over my files in this manner? I have never done this before so how does this work? I want to know just what I should know to protect myself.

Answer 1

Contract, contract, contract.

Do you HAVE a contract with the client?

Does that contract SPECIFY who owns the images.

Does the contract define completed work?  AND payment expected?

One answer to your question is that, without a contract, it may be too late to protect yourself.  Another answer is that if you created the images, they are yours by the definition of US copyright laws.  If the images were GIVEN to you by the client, they are his and you have to give them back.  (the originals, NOT the ones you modified and placed in other layouts.  These are YOURS unless you got paid for them)

The site is up, and you may not be able to do anything about them, but, as far as images and files in your hand, you had better be sure of the ownership of them before you decide to, either keep them, or hand them over.