Intellectual Property Ownership (Default Position)

     Intellectual Property/Copyright Ownership: Copyright automatically vests in the creator (Midnight Premium Designs) upon fixation of the work in a tangible medium—such as the digital design or STL file (Stereolithography file format, a standard for 3D printing that defines the surface geometry of a 3D object) and equivalent.

     Exclusive Ownership: By stipulating that the design and STL file "remain the exclusive intellectual property" of the creator, this clause invokes principles related to work-for-hire exceptions or commissioned works. Under default copyright rules (e.g., as outlined in the Berne Convention, to which most countries adhere), the designer retains all rights unless a contract explicitly states otherwise. As a result, the customer receives only a limited license to use the final product.

     Rationale for Default Retention: This approach safeguards against unauthorized commercialization or infringement, allowing the designer to reuse elements in future works or enforce rights against third-party violations.

Explicit Agreement for Transfer

     Explicitly Agreed Upon in Writing: To prevent disputes, any deviation from default ownership requires a written agreement or contractual clause, which must be signed to be enforceable. The requirement for agreement "prior to project commencement" ensures proactive consent and avoids retroactive claims.

     Ownership Transfer: If agreed upon, this constitutes a full assignment of copyright, granting the customer all rights to the work.

Permanent Deletion Upon Final Payment

     Permanent Deletion: This refers to the irrevocable erasure of data, ensuring all files are destroyed and rendered irrecoverable. This practice aligns with data protection standards such as GDPR or CCPA (California Consumer Privacy Act) for privacy compliance, even if not strictly mandated in this context.

     Scope of Deletion: "All related files and information" encompasses source files provided by the customer but excludes the invoice for accounting and tax purposes (e.g., to comply with IRS retention requirements). This exception mitigates potential legal issues while completing the transfer.

     Irrecoverable Assurance: To provide confidence in the process, the designer commits to using secure deletion methods (e.g., overwriting data or employing certified tools) that prevent any possibility of recovery, thereby fully transferring control to the customer.