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Contractor Agreement for Designers: File Ownership and Creative Rights

US guide to design contractor agreements. Learn about work-for-hire doctrine, raw file ownership (Figma, PSD), usage rights, portfolio permissions, revision limits, and copyright ownership.

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Work-for-Hire for Design Work

Under 17 U.S.C. § 101, design work can be "work made for hire" if: (1) there's a signed written agreement stating so, and (2) the work falls into one of nine categories. Design contributions to collective works, motion pictures, or other audiovisual works qualify. Most custom design projects fit the "contribution to collective work" category.

Example work-for-hire clause: "All design work shall be considered 'works made for hire' within the meaning of 17 U.S.C. § 101. Client shall own all copyright and intellectual property rights from creation. To the extent any work is not considered work made for hire, Designer hereby assigns all rights to Client."

Key distinction: Raw files (Figma, PSD) vs final deliverables (PNG, PDF, SVG exports). Most agreements assign final deliverables to client but retain designer's ownership of raw files, to protect the designer's process and prevent unauthorized modifications.

Best practice: Offer raw file ownership as a premium add-on. You could charge 25-30% more if the client wants exclusive ownership of Figma/PSD files, as this reduces your ability to reuse design systems and processes with other clients.

Raw Design Files vs Final Exports

Define what client receives:

Standard arrangement: Client owns final deliverables (PNG, PDF, SVG). Designer retains Figma document but grants client exclusive license to use it. Designer can reuse design systems and templates with other clients (if not confidential).

Premium arrangement: Client owns Figma files, PSDs, and all raw assets. Designer keeps no working files. This is more expensive because the designer loses design reusability.

Include clear language: "Client owns all final deliverables (PNG, SVG, PDF files). Designer retains ownership of the Figma design document, but grants Client a non-exclusive, perpetual license to access and use it. Client may not modify the design system or derivative files without Designer's written consent."

Portfolio Usage & Attribution Rights

Designers want to showcase work. Your agreement should permit or forbid portfolio use explicitly:

Permissive clause: "Designer may display the design work in a portfolio, case study, or design awards submission after the project is publicly launched. Client approval is not required unless work contains confidential information. Designer shall provide attribution as follows: [specify]."

Restrictive clause (for confidential work): "Project is confidential. Designer may not reference, display, or discuss this project publicly without Client's prior written consent."

Hybrid approach: "Designer may feature anonymized screenshots or case study results in portfolio after 6 months post-launch, without using Client's name or logo."

Design Revisions & Change Limits

Prevent scope creep with clear revision limits:

Example structure: "Project includes two rounds of design revisions. Each revision round is limited to design changes to the original concept. Redesigns based on new direction count as separate projects. Additional revision rounds are billed at $X per round at Designer's standard rates."

Define what counts as revision vs new scope:

Without clear limits, clients request endless tweaks and designers never finish.

Fonts, Icons, & Third-Party Asset Licensing

Clarify who owns and maintains licenses for fonts and assets:

Example clause: "Designer selects and licenses all fonts and third-party assets (icons, stock images) incorporated into the design. Designer provides Client with documentation of all licenses and usage rights. Client assumes responsibility for maintaining licenses for any premium fonts or paid assets after project completion. Designer warrants that all assets are properly licensed for Client's intended use and do not infringe third-party intellectual property rights."

Specify: Are premium fonts (e.g., Montserrat Pro, Futura) included in the project price, or does Client need to purchase their own licenses? Do icons come from free sets (Material Icons, Font Awesome) or premium icon libraries?

Client Brand Asset Ownership

For brand projects (logos, color systems, typography guidelines):

Define ownership clearly: "Client owns the final logo, brand color palette, typography system, and brand guidelines document. Designer retains the right to display the logo in portfolio. Any future design work not covered by this project requires a separate agreement."

Also clarify: Who modifies the brand guidelines document? Can Client edit it independently, or must they hire Designer for future brand extensions (social templates, packaging, vehicle wraps)?

Payment & Copyright Transfer

In most agreements, copyright doesn't transfer until final payment is received:

Include: "All intellectual property rights transfer to Client upon receipt of final payment. Until full payment is received, Designer retains all copyright and IP rights. Client may not use the designs commercially or publicly until ownership transfer is complete."

This protects Designer from non-payment while ensuring Client gets ownership once they pay.

Information to Prepare Before Generating

Official US Resources on Contractor Agreements & IP

These authoritative US government and legal sources cover the key laws that govern contractor agreements, worker classification, and intellectual property ownership:

Generate your Designer Contractor Agreement →Read the full Contractor guide →

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