As graphic designers we tend to think of ourselves as artists first and foremost. We would be more likely to put ourselves in the category of Photographers, Illustrators, Painters, Musical Artists, etc. and thus our expectations for the privacy of our "intellectual property" are high.
Unfortunately, most of our clients, view us more like the hired help. We are providing them with a service, and since they are paying us for that service, they expect to receive the process behind it as well as the end product.
Therein lies the rub. If you ask around, the general policy you see from designers is, no layered files. If the client MUST have them, then they will pay an additional mint for them, and we're likely to flatten them as much as possible before handing them over. Are we justified in our efforts to protect our "intellectual property?" Absolutely. Is it worth losing a client over? Maybe. Maybe not.
I have a client who repeatedly asks me for layered files. Every job, I am expected to hand them over. I am completely opposed to this in principle, as it does not make good business practice to give up your process, and in turn give them the opportunity to farm out your layered work to someone who will produce it cheaper. I fought this tooth and nail for a long time. Trying to figure out a way to get my full compensation for what I felt was money flying out the door!
I am reminded of a business model that is currently being exploited at it's fullest that draws some parallels. Music business. Record labels have fought for so long to maintain their rights by hunting down, suing, shutting down and prosecuting those who steal their intellectual property by illegal digital downloading. We've watched as labels have folded in on themselves, over and over and over again, until the skeleton crews that exist are worked three times as hard, just to keep afloat.
What was our criticism of them? They were behind the curve. There was no way to fight it, they should've tried to get ahead of the curve. THEY should've been the ones to open iTunes Store, not Apple or anyone else. But they spent too much time chasing down the Napsters and 12-year old girls who were illegally accessing this music. Again, in principle, I completely agree with what they were doing, but the question becomes, is it relevant anymore?
In the same way, in a world where every band has a cousin or drummer is a graphic designer, and everyone is a photographer, illustrator, and web designer in their free time, is it worth sacrificing clients to hang on to your layered files? Maybe... maybe not.
I'd propose asking yourself these questions, before firing back that disgusted email:
• Is this a client that is likely to come back to you in the future for more work? Would giving up layered files be an incentive to them that you could live with?
• Are they paying you full price? If you gave them a bargain, they should pay more for layered files.
• Did they hire you for 1 piece, or to create the branding for a campaign? If they hired you to brand a campaign, but not for all of the pieces, are you okay with that?
• IS IT WORTH THE TIME AND ANXIETY? This one is requires honest reflection. Is there truly something unique in the files that you don't want to get out? If so, flatten it. But count the cost. Don't automatically assume that they want your amazing layered files to spread out across the internet, just to exploit your greatness and expose your secrets. Sometimes it's just not worth the fight.
Lastly, always mention to your client that "this is not common practice," and will need to be negotiated with each project or on the whole of projects you work on together. But avoid spending so much time and effort clinging to dead ideas, that you get behind the curve. Ask your friends in the music business. It doesn't pay off in the long term.