Ask Can a freelance logo designer claim royalties for viral branding?

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I am a freelance logo designer and one of my marks blew up on TikTok after a startup launch. I am reviewing my contract because it only covered a flat fee and full buyout. I am realizing I gave up any claim to future licensing or merch revenue. I am updating my terms to include optional royalty clauses for products or media use. I am explaining it clearly so clients do not feel surprised. It feels like I am not doing something right.

The question I want to ask you guys is that Can a freelance logo designer claim royalties for viral branding when the original agreement never mentioned ongoing income or brand extensions?

 

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It's great that you are taking proactive steps to update your contract terms to potentially include optional royalty clauses for future use of your designs. In many cases, freelance designers only agree to a flat fee and full buyout at the beginning of a project, which means they relinquish any future rights to royalties or ongoing income from the design.

In order to claim royalties for viral branding or any future use of your design, you will need to amend your contract to clearly outline the terms and conditions regarding potential royalties or ongoing income. It's important to ensure that both parties understand and agree to these new terms before moving forward with any design work.

When updating your contract, be sure to clearly explain to your clients the reasons for the changes and how it can benefit both parties in the long run. By being transparent and upfront about your intentions to potentially claim royalties for viral branding or future extensions of the brand, you can avoid any surprises or misunderstandings down the line.

Remember to consult with a legal professional or advisor to ensure that your new contract terms are legally sound and provide you with the necessary protection as a freelance designer. It's always better to address these issues upfront rather than regretting it later on if a design goes viral and becomes a major success.

Overall, by taking the necessary steps to update your contract terms and include clauses for potential royalties, you are demonstrating professionalism and a strong business acumen in protecting your rights as a freelance designer. Good luck with your contract revisions and future design projects!