Annoying client asks for “all original files” months after project completion

Question

A client has been a real nuisance in making unreasonable demands, and has been really rude on top of that. After completing the project and receiving the payment, he attempted to come back to me again for more follow-up work, but I told him: “thanks, but no thanks”. I don’t need that kind of toxicity in my life.

Now, a year and a half later, he suddenly comes back and requests I send him all the “original” files to the long completed and paid project, without even saying please or thank you – presumably because he either failed to backup the files I sent him, or because he thinks he needs originals different from the vector files sent before. I am inclined to just ignore his message, and definitely do not intend to help him out in any way.

How can I approach this professionally?

Answer 1

What does the contract state?

No contract...

• Working freelance — Then legally (in the US) all original files are yours. Do with them what you want. You can simply say "no". You can charge additional fees for the files. You can hand them over willingly without any fees. It's your choice as the copyright holder. Note that even if you deliver the files, as the author you would still retain any copyrights related to the creation of the files unless they were expressly granted in writing.

  • Example: The client supplied text for a brochure. You designed the brochure using the supplied text and original artwork you created specifically for the project. The copyrights to that original artwork would still be yours unless specifically transferred in writing, even if the client has the actual layout files.

• Work-for-hire or employment arrangement — Then legally (in the US) all original files are the client's. They have the right to request the files. However, unless stipulated in writing somewhere that you are responsible for maintaining backups of all work, it's not impossible that files were never backed up or have since been lost due to the time span since project completion (legitimately, not as an excuse to avoid delivery).

  • In a Work-For-Hire or employment situation (which are work-for-hire) you legally do not exist. You have no rights to any work you completed under the umbrella of the work-for-hire arrangement. Everything you created, no matter how insignificant, belongs to the employer/client.

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I, personally, charge any client requesting files. My contract states as much. If I own the files (which is most common) file delivery is a separate and often larger fee than the initial work. And all rights are transferred to the client upon full payment.

If such a request occurs years after the work has been completed, fees would also include an hourly rate for retrieval from backups and preparation for delivery. After all, I'm not running a backup service.

If the client already has the rights to the files, no fees for the files themselves would be incurred – since such fees would have been paid at the initial project completion – however, retrieval and prep fees would not be waived. At a minimum, fees to cover the time for retrieval and prep would need to be paid.

All this means, it is going to cost the client something. The only difference is how much. And, of course, all fees must be paid in full before any files are delivered.

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As to the personal dislike of the client... well, be careful. You may dislike this client, however the client may be influential in their industry and at a minimum have the ear of others that may someday need your services. The more difficult the client perceives you to be, the less favorable they'll react should they ever hear your name. Keeping things as unemotional as possible and just dealing with the business aspects can often keep you from "slitting your own throat" as it were through bad word-of-mouth.

Imagine, you really hate working for "Bob" but every weekend "Bob" plays golf with a foursome of billionaires... and one day, one of them turns to "Bob" and asks... "hey you know any designers good at X?" You want "Bob" to, at a minimum, not dissuade anyone from using your services.

Answer 2

Back in the day when I was in plant print production, when a client asked for the flats (original stripped up film), we provided it even knowing that he might go to a competitor. Why? No reason to create acrimony - keep your credentials and reputation intact. By the way, he did have to send his own messenger to pick them up.

Update to today - as an account manager, I sometimes got into strained situations with a client. Sometimes I received a call from their agency asking for the digital files to the last project they need to edit. I knew I would never hear from them or the agency again. I did release the files and confirmed with the owner that it was OK to do so. Leaves a bitter taste but do it without argument, acrimony, or resistance.

Up to you if you if you want to charge a recovery fee.

Just do it, "fire" this client, and move on. You have other clients who are more than happy to work with you.

Answer 3

What have you got to lose by sending out the files ?

If this person was so difficult before, there is probably zero chance of you getting any more payment for the handover of these files, and refusing to send the files, or requesting extra payment, could further escalate this.

Even normal clients would have trouble understanding why they need to pay extra for source files, assuming they are not entitled to receive the files, as @Scott explained.

If this was a low-value project, I would just let go and send over the files politely, which may be your cleanest way out. Do mention that you no longer wish to work with him again, but making a final gesture of good will, then move on to your other clients.

He's probably not going to ask for the files every month.

If this was a high-value project, I would make a final attempt to receive compensation for the files.

As @Scott mentioned, even if the person was a total weirdo back then, you never know when a bit of politeness from your side may actually land you more work.

I had a client like this. Very impulsive, I like it, I don't like it, lets try something else, I won't pay for that part, kind of person. I was polite all the way during the job, but when he came back for more work, I quickly let him know I was no longer interested.

Answer 4

The best way to get rid of him is to charge him a fee for your services and then do not follow up when he fails to pay. People who owe you money tend to leave you alone.

If you are experienced in judging what clients will pay, you can probably determine an amount that he will agree to but will be too annoyed to actually remit.

Or, try this: make a list of all the "goodwill" gestures you have donated to this customer. Next to each one write the fair price for the work. The total of these amounts is what he needs to pay you before you agree to any additional work. Of course it's not fair to apply fees ex post facto, which brings us to the next step.

Calculate what you would consider a fair price for the file retrieval task. Add in the ex post facto charges and offer to send him the files for this fee.

If he declines, you establish a proper basis for rejecting further requests for service. You simply can't be interrupted just to do favors for someone who wants nothing but freebies.

If he agrees and pays, you win some money and establish a proper basis for going forward. You may find him a little less annoying if you charge him double for every little thing.

If he agrees and does not pay, you may quietly celebrate. Not only will he avoid you, he probably will not denigrate you to his associates lest they find out the truth.

Answer 5

Beware.

1. You are not obliged to keep a copy of the customers' data (no contract).

2. There is some chance you have not even been entitled to keep a copy for yourself, after the contract had been fulfilled (and not extended). Many contracts/laws state quite explicitly that the contractor has to delete all copies of somehow “sensitive” or “trade secret” data.

Even if you are tempted to get a follow-up order or just want to do a favour to the customer (hah!), please check if you are rightfully possessing the data. Only if so, follow the good advice in the other replies.

Answer 6

As others have said, whether you're obliged to send the files or not depends on your contract and your jurisdiction.

Having said that, it sounds like you've don't really want to send the files as a point of principle, which is understandable with a difficult client.

However, unless the files have a large commercial resale value that you want to retain for yourself, or it's going to take you a lot of work to retrieve and deliver them, just offer to do it for whatever you think he'll pay and then buy yourself a nice coffee / meal out / holiday with the proceeds, and enjoy it all the more knowing who bought it for you :-).

Then move on, and make sure your schedule is always busy if they ever try to get in touch again...

Answer 7

I just want to add two cents to the conversation. Some initial ideas.

When you go to a restaurant, you ask for a finished product, you are not entitled to have the recipe.

When you use some software, unless is an open-source project, you can´t have the original source files, you can not even reverse engineer it.

But on the other side, there is a trend to take this to an extreme, where some companies do not want you to have a right to repair stuff you already bought, removing any warranty, or not selling you spare parts, making the purchase to a perpetual rent instead of a purchase.

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I know that they are different cases, but: What can you learn or apply regarding graphic design and source files?

That a graphic design product is a different product than a template system.

You could design a visual product using primitive tools, outdated software, or even software made by you. The final product can be great, but your process could be a mess.

You could have on the other hand a super polished workflow with new AI and some goblins that make your workflow and original files a breeze. You do that in order to save time, be more efficient, then being more productive.

Or you could make a client's website that additionally can generate the printed material with some advanced scripting tools.

You can clearly now see that a finished project is different than a template system, where the client can edit his content as he needs.

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You can state that in the contract. That is the client needs the source files at any point, they will cost an additional percentage of the original cost, let's say 50%.

If the client does not want to work with you, this could mean an additional income for work you already did. Win. And for your client, it means that he does not need to pay another person 100% cost of the project. Win.

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But keep in mind some additional costs, like licenses of fonts. You can not resell stock images or footage. They need to purchase the license separately. So you should not include them.