Playing With Terms Of Service - Regarding Original Designs/reselling Them

Business By SunshineCarbs Updated 9 Jun 2014 , 3:54pm by MimiFix

SunshineCarbs Posted 9 Jun 2014 , 2:20am
post #1 of 2

So I am trying to craft some terms of service for my business; what happens when there's a tornado or something, when deposits are due, etc. all of those are pretty straightforward. But there've been two things that I'm having problems finding language for.

 

1. I want to reserve the right to post pictures of anything I make to facebook, and pinterest, and links to both of those in other media (twitter, livejournal, tumblr, etc). I know that some contracts have language about 'use in promotional materials', but I know that sometimes people are not assuming that's going to include me posting things to social media. Does anyone have examples of terms that specify that?

 

2. I have been doing a lot of design with people who like that I come out of a tech background; I'm skilled with lots of maker type tools, including designing some pretty elaborate things on Cricuts, creating silicone molds from vacuum formed shapes, and using a 3D printer to make custom cutters for cookies and fondant. I'd like to make the terms clear that once I have created the design, either on my own or in concert with the client, I own the right to use it without further compensation for other future clients. I am certain that people in other fields have this sort of issue, but I don't know what terms I'd be looking for to find examples. Does anyone know?

 

The second came up because I did a custom order this weekend of 14 rats; they were rat cookies that were based on a sketch my client provided to me, that I then turned into vector art and created a cookie cutter from. I then decorated them to look like 2 each of the seven rats that she's owned. When I posted the final job to FB (https://www.facebook.com/media/set/?set=a.650182891734144.1073741829.603682683050832&type=1) they got shared around, and I have 3 orders from rat-lovers for more rat cookies. In addition, I'd like to take the cookie cutter 3D design and put it on sites that do bespoke printing of 3D items, and a site that lets people buy the 3D design to print themselves at home.

 

Angela, the client who ordered the first batch, is totally cool with this, and happy that lots of people are going to have cookies that are based on her rat, but I want to clarify this for future customers, because almost as soon as I post a picture these days, I get 'oh, can you do that for me???' email, and I want things to be clear that I can make these items for future clients.

 

Thanks for any input people have!

 

S.

1 reply
MimiFix Posted 9 Jun 2014 , 3:54pm
post #2 of 2

Cool cookies! ... If you are seeking legal advice on how to best word your contracts, I suggest you contact an attorney. CC members have opinions which would not help if you actually need protection or need to enforce a contract.

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