3 questions every website must answer

Design working files. Though a seemingly simple request, asking your designer for their working files is anything but.

Why, you ask?

Welcome to the veritable minefield of copyright laws.

There is a common misconception that if you, as a client, are paying for something to be made, you are entitled to the copyright and ownership of the working files (including the digital assets).

However, under the Copyright Act, the creator of the artistic work is the first owner of the copyright. This means that if no prior agreement has been made in regards to copyright, then the designer or “creator” of the “work” is the copyright holder.

Contents

What are design working files?

First, a quick definition. Design working files are the editable source files a designer creates during a project. Think layered Photoshop, Illustrator or InDesign files, Figma files, the fonts, the raw assets and every component that makes up the artwork. They’re the difference between a finished cake and the recipe, ingredients and kitchen that made it.

What you typically receive at the end of a project is the final artwork, usually a print-ready or web-ready export like a PDF, PNG or JPG. That’s the deliverable. The working files behind it are a separate thing, and ownership of them is where most of the confusion starts.

So what does this mean for you as a client?

When you commission a designer, you pay for the finished product, the advert, brochure, business cards or any other piece of marketing collateral you will be presenting to your customers. This is what your quote includes.

If you would like to have access to the design working files, discuss it with your designer beforehand. In the initial briefing, make them aware that you would like to own the working file and have it released to you upon completion. That way, your designer can discuss with you upfront any artwork release fees and any other requirements they have around releasing working files. A request can, of course, be made later down the track, however, just be aware that there will most likely be a fee ranging from 50 to 300% of the total cost of the job.

Why working files are the designer’s IP

As designers, the working files are our intellectual property. It’s likely there are aspects of your business you don’t share with others to ensure you keep a competitive edge and protect your business, and this is what working files are to a designer. Not only do they reflect the time, energy and expertise we’ve put into your job, maintaining copyright of these precious files helps us to protect our reputation and brand.

AI, working files and IP in 2026

Since this article was first written, one big thing has changed. AI is now part of how a lot of design gets made, and that adds a new layer to the copyright and ownership conversation. It’s worth understanding before you brief your next project.

Here’s the key issue. Copyright has traditionally required a human author. In Australia and many other countries, that raises a genuine question mark over whether purely AI-generated artwork is protected by copyright at all. If a piece of work was generated by a machine with little meaningful human input, it may not be something anyone can clearly own, which is a very different situation to the one this article describes for human-created work.

A few practical implications worth keeping in mind:

  • Ownership gets murkier. If AI tools were used to generate elements of your project, “who owns it” is no longer a simple question. The answer can depend on how much human authorship was involved and on the terms of the AI tool itself.
  • Tool terms matter. Different AI platforms grant different rights over their outputs, including commercial use. What you can legally do with an AI-generated asset is governed by that tool’s licensing, not just your agreement with the designer.
  • There’s a risk angle. AI image tools are trained on huge datasets, and there are ongoing legal questions about whether some outputs resemble or derive from existing copyrighted work. That’s a risk worth being aware of for anything client-facing.
  • Get it in writing. The simplest protection is to address AI use and IP ownership explicitly in your contract: what tools can be used, what’s owned, and what assurances you have.

None of this means avoiding AI. Used well, it’s a powerful tool, but it works best with experienced human judgement directing it, and that’s as true for the legal and ownership side as it is for the creative one. We’ve written more about treating AI as a tool, not a teamand why expert oversight still matters.

The law here is still evolving, so this is general information rather than legal advice. For anything significant, get advice tailored to your situation.

Design working files and copyright: a quick guide

The client:

  • Owns the copyright of text and/or any assets supplied to the designer (should that be their original work)
  • Has the rights to use the final artwork file (generally a print-ready PDF)

The designer:

  • Owns the copyright of any concepts and non-final artwork
  • Owns the copyright of all working files
  • Holds the licence to all fonts, stock imagery and elements (unless otherwise stated)

One thing to add in 2026: AI-generated elements sit outside this neat split. As covered above, they may not be clearly owned by anyone, so they’re worth treating as their own category in any agreement.

In summary

Ultimately, it’s up to the designer as to whether or not they will part with the valuable source files created during a project. The legal copyright of these working files lies first and foremost with the designer, so keep this in mind if you wish to have access to them. We recommend that any agreements made are included in a well-written contract, now including how AI use and ownership are handled. And remember, owning the copyright and gaining the release of design working files can come at a price.

If you’re planning a brand or design project and want clarity on what you’ll actually own from the outset, that’s a conversation we’re always happy to have. You can also start with a free brand audit to see where your brand stands today.

Working files and copyright FAQs

What are design working files?

Design working files are the editable source files a designer creates during a project, things like layered Photoshop, Illustrator or InDesign files, Figma files, fonts and raw assets. They’re separate from the final artwork you receive, which is usually a print-ready or web-ready export such as a PDF or PNG. The working files are the recipe; the final artwork is the finished dish.

Do I own the copyright if I pay a designer?

Not automatically. Under copyright law, the creator of an artistic work is the first owner of the copyright, so unless you’ve agreed otherwise in advance, the designer holds it. Paying for a project usually entitles you to the final artwork for the agreed use, not to the copyright or the editable working files behind it. If ownership matters to you, it needs to be agreed up front and put in writing.

How do I get my design working files released?

Raise it at the briefing stage and ask to own the working files and have them released on completion. That lets your designer quote any artwork release fee and conditions upfront. You can also request them later, but expect a fee, often somewhere between 50 and 300% of the total job cost, since you’re effectively buying the designer’s intellectual property.

What’s the difference between working files and final artwork?

Final artwork is the finished, exported deliverable you present to customers, typically a print-ready or web-ready PDF, PNG or JPG. Working files are the editable source files used to create it, complete with layers, fonts and assets. You generally receive the final artwork as standard, while access to the working files is a separate arrangement that usually carries a fee.

Who owns AI-generated design work?

It’s genuinely unclear, and the law is still evolving. Copyright has traditionally required a human author, so purely AI-generated artwork may not be clearly owned by anyone, or even protected by copyright at all. On top of that, AI tools have their own licensing terms governing commercial use of their outputs. The safest approach is to address AI use and ownership explicitly in your contract rather than assuming AI-generated assets are automatically yours.

Should working files and IP be covered in my design contract?

Absolutely. A well-written contract is the cleanest way to avoid confusion, and in 2026 that means covering not just who owns the working files and final artwork, but how any AI tools are used and what that means for ownership. Getting these terms agreed before work starts saves cost, delays and disputes later on.

The information in this article is provided to help you become familiar with legal issues that may affect clients and designers. Legal advice must be tailored to the specific circumstances of each case, and nothing provided here should be used as a substitute for the advice of legal counsel.