If your client wants the files, if your original agreements (oral
agreements or written contracts) didn't include your handing him the
Finale files, then this is a brand new negotiation.
You're correct in your estimation of the possible/probable uses of the
files, except that you left one out: He's found someone willing to work
cheaper, and simply wants him/her to maintain your files.
While you're correct that someone could turn your files into templates
and gain your years of experience and layout decisions,
expression/articulation libraries, spacing algorithms, etc., I would
actually put that low down on the list of the "con" column.
If the client is requesting the Finale files, you've probably already
lost him as a client, so how you handle it from here is up to you.
Since this is a brand new negotiation, think about how much
business/money you have gotten from this client over the years, and
charge him one year's worth to hand over the Finale files.
You're under no legal obligation to hand over the files, as long as
previous contracts didn't include such a transfer of files. You can't
do anything with the files, such as print them out, without the
permission of the copyright holder (presumably your client) since once
they turn into printed music, they're a copy of a copyrighted work. But
if you don't reach an amicable agreement with the client and he won't
buy them from you, at least the client won't be able to do anything with
them either.
Of course, it's a small industry and word of mouth, good or bad, spreads
rapidly, so you also have to weigh any decision you make regarding these
Finale files (sell them, keep them, give them freely) against possible
future actions by your client. He could very easily start telling
others not to use your services, he could take you to court (you'd most
likely win, but you'd still have to pay the lawyer up front and might
not collect legal fees when you win) should you refuse to sell or give
the files to him.
Keep them and you'll likely get no future business from him.
Sell them and you'll likely get no future business from him, but the
income from the sale can help offset this in some manner.
Give them and you'll get nothing, no future business nor any income.
I don't envy your situation, since it seems that no matter how you
handle it you'll end up smelling like a rat or smelling like a rose and
have nothing to show for it.
Good luck!
David H. Bailey
Hamilton Greg wrote:
Hello Fellow Listers,
I recently had a client ask for the Finale files for many of his chamber
works I had prepared. It's typically not my policy to release the
original files. I'm wondering what other professional copyist/engravers
are doing when faced with the same dilemma?
My two primary concerns are: others using my proprietary template and
duplicating the years of work and research that went into it, and the
fact that once I release the files, clients have no need to use my
service again for revisions, edits, etc. There's also the possibility of
a client creating multiple versions of a work, all resulting in loss of
business.
My apologies if this has been covered before. if it has and someone can
remember when, I'd be happy to search the user list archives.
Thanks everyone,
Greg
Also, thanks to Chuck and Karen for their help so far.
Greg Hamilton Music Service
2980 Corona Drive
Burnaby, BC V3J 1B8
Tel: 604.444.9218
www.greghamiltonmusic.com
[EMAIL PROTECTED]
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David H. Bailey
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