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Who Owns The Plates?
Copyright January 2, 1996
Transmitted from Jacksonville, Florida
A reader wrote in reference to our message: Trade Customs, So What?
Tom, If you are charging the customer for the negs and plate work, don t
they own them ? I have a difficult time seeing the act of shooting negs as a
work of art which we own. Just a comment.
The theory most of the printing industry has accepted for many years (but not
the quick printing segment) goes like this: if you buy a Chevrolet, do you
own the mold which formed the car? If you have a photograph made, do you own
the negative? (Not with a professional photographer). This began in the days
of letterpress. For instance, if we set type on a job, does that mean the
purchaser owns the type itself? No. The buyer is buying the invoices,
letterheads, etc. not the tools of production.
As a practical matter this subject gets more serious if you actually do
operate under the concept that the customer owns the plates and negatives. If
the customer owns them, and if you store them for the customer, whose
liability is it if you have a fire? Are you responsible for covering the cost
of recreating all of the plates, negatives, and art work which were
destroyed?
More reasonably, if the customer owns the plates and negatives and
if you store them and then, mysteriously, if you can t find them when the
customer wants the job re-run, then would you not have to replace them
without charge? While it seems we would do this on a casual basis, some jobs
(say process color) have extremely complex negatives which could not be
replaced within reason.
And, of course, as our article stated, trade customs have little to do with
the contract between you and your customer. These are best covered in the
terms and conditions of sale. You may do this by printing your favorite trade
customs on your invoice (or perhaps the back of it) under the title: Terms
and Conditions of Sale.
Now, personally, I do not recommend you extend the ownership of the tools of
production (plates, negatives, computer files) to the customer simply because
of the potential liability being incurred should something happen to the customer s work while it is in
your possession. You may, of course, modify your terms and conditions of sale
to whatever you wish.
Happy Trails...Tom Crouser
Crouser & Associates Performance Group program includes two on-site evaluations
by Tom Crouser each year along with two group meetings. Management training is held during the group
meetings along with participation in a meeting with non-competing printers. Join others who have decided
to run their business instead of the business running them. Reply to by Email to
Tom Crouser for more detailed information or call Clark Workman
at (304) 342-5100. Or fax (304) 342-5187 or contact crouser@ibm.net.
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Date inserted: Thursday, February 01, 1996 3:48:39 PM
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