A normal relationship and a standard contract with a design firm give you full rights to the concept, strategy or name you ultimately choose to own, exclusive of separate terms that apply to photographers, illustrators or other artists. However, it may be far more advantageous to you to own all the creative work that is done on your behalf. You are then free to use any idea that's developed, any way you like, at any point in time. Just as you negotiate with photographers and illustrators to buy usage rights to fit your needs, consider doing the same with your design firm.

What should extended rights cost? Although the fee to own all creative work remains the decision of each design firm, it is our opinion that full ownership of this work should be comparably priced and as affordable as the standard buyout figure from photographers or illustrators. Generally speaking, this equals an additional 50% of the cost of the design development phase of the entire program. For example, if the design development phase costs $10,000, you could own all creative work for an additional $5,000. And you can exercise this option at any point in the process -- before, during, or after you've seen the creative product.

Please keep in mind that photographers', illustrators' or other artists' fees must still be negotiated separately, but not until you actually use their images.

Considering the exclusive ownership you'll have of all creative work, this small compensation gives you tremendous mileage by cutting future development costs considerably. In contrast, a photographer's or illustrator's buyout fee is only for the specific work you've commissioned them to create...but not more.

So the next time you negotiate for design work, read the fine print and make sure your consultant's contract works hard for you.