Transfer of rights
In connection with the collaboration, it is always agreed separately to what extent the rights related to the assignment are transferred from Luminia to the client.
Below is an explanation of what the different rights mean in practical terms.
Copyright
Copyright refers to the right to control the use, copying, publishing, and modification of a work.
Unless otherwise agreed, the copyright remains with Luminia.
The client is granted the agreed usage, publication, or ownership rights to the final deliverable.
The author’s moral rights (e.g. the right to be credited in certain contexts) always remain with the creator.
Copyright is transferred to the client once the work has been paid in full.
In practice, this means that the agreed final deliverable can be handed over to the client with broad usage rights, but the underlying creative copyright does not automatically transfer.
For example:
- I photograph a client’s office premises. I transfer all rights to the images to the client, but the moral right of authorship remains with me. This means that when the client-owned photograph is used, for example in a magazine article, I am credited as the photographer.
Ownership rights
Ownership rights refer to the right to own the final version of the work.
The client may obtain ownership of the completed work (e.g. a finished logo, website, photograph, or document).
Ownership applies only to the final deliverable — not to working files, drafts, or background materials, unless otherwise agreed.
Ownership rights are transferred to the client once the work has been paid in full.
For example:
- A client commissions me to create a brochure for a trade fair. The client receives ownership of the finished print-ready brochure in PDF format, but not the original Adobe InDesign source file, unless otherwise agreed separately.
Usage and publication rights (licence)
Usage rights refer to permission to use the finished material in the agreed manner within the client’s own operations, without transferring copyright or ownership rights to the user.
Usage rights may be:
- exclusive (only the client has the right to use the material)
- non-exclusive (the creator may also grant rights to others)
- limited, for example geographically, temporally, or by purpose of use
If the material is a standalone product developed by Luminia (for example a ready-made document template or other digital file) that has not been created specifically for a single client assignment, the client is granted usage and publication rights as a licence.
This means that:
- The client may use the material in their own business.
- Ownership and copyright remain with Luminia.
Usage rights do not permit the transfer of the material to third parties without a separate agreement.
Modification rights
Modification rights refer to the right to make changes to the finished work.
If the work exceeds the threshold of originality (i.e. it contains creative and original design), copyright law also protects the work’s form and the creator’s reputation. Therefore, more extensive modifications must be agreed upon separately.
Modification rights are not transferred automatically.
Unless otherwise agreed:
- The client may make technical adjustments (e.g. resizing).
- Content-related or more substantial modifications require a separate agreement.
In some projects, unrestricted modification rights may be agreed upon, especially when the work has been created specifically for the client’s exclusive use.
What rights usually do not include
Rights apply to the final deliverable.
They typically do not include:
- drafts
- rough versions
- source or project files
- working and design materials
- unfinished work
If a project is discontinued before completion, no rights are granted to unfinished material.
In simple terms
Copyright = the right to control how the work is used (usually remains with the creator)
Ownership rights = the right to own the finished copy of the work
Usage rights = the right to use and publish the work in the agreed manner
Modification rights = the right to make changes to the work (only if separately agreed)