Art Contract Wording

Discussion in 'Indie Business' started by Red27, Jul 25, 2008.

  1. Red27

    Indie Author

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    Hi All,

    Does anyone have some sample Art Contract wording that they've used?

    Basically, the artist is nearing completion of the work he was hired to complete, and the final payment is due, so I just need something in legalese that essentially says:

    • I exclusively own all work produced
    • It cannot be used by anyone else
    • I own the Models/Skins/Rigging etc

    and anything else that's required!

    Thanks,

    Red27.
     
  2. Jrs100000

    Jrs100000 New Member

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    Here are some sample contracts. If you Google "sample art contract" youll find hundreds more.

    http://www.borsheimarts.com/contract.htm
    http://www.cosmos-books.com/artist-contract.html
    http://www.gag.org/contracts/agreement.html
    http://www.vsarts.org/x647.xml

    Edit: I am also not a lawyer and can not vouch for the quality of any of these contracts, they are just the first ones that Google pulled up. Seeing an actual lawyer about this might not be a bad idea if it concerns you a great deal or if there is a lot of money tied up in the project.
     
    #2 Jrs100000, Jul 25, 2008
    Last edited: Jul 25, 2008
  3. Red27

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    Thanks, but I did the standard googling, and found those documents you've listed, but they all seem to refer to the fact that the artist retains the copyright / ownership.

    I need one that's specific to Indie Games really, that is succinct and too the point, but not containing gaping legal holes.

    Hopefully, if there's one that's suitable for this purpose, we could add it as a sticky, and it's surely one of the most common contracts we need.

    Thanks!
     
  4. Jrs100000

    Jrs100000 New Member

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    The artist usually does retain copyright. What you want to do is word your contract so that you are granted a license to use and sub-license the work as you see fit while restricting or eliminating the artists ability to use or relicense the work.
     
  5. vjvj

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    I've been using the template here:

    http://www.igda.org/wiki/Casual_Games_SIG#Sample_Contracts

    In it, the artist agrees that they relinquish ownership of the work and do not question or challenge your use of the work.

    I've had two cases where the artist asked to retain rights to publish the art in their public portfolio, and I made the changes necessary to do that.
     
  6. Qitsune

    Qitsune New Member

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    Artist should always require to put the work in their portfolio, if they don't bring it up, they might be assuming that they have the right to do it. You should bring it up with them. How else are they getting new work?
     
  7. AlexWeldon

    AlexWeldon New Member

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    Seconded. It's normal for freelancers to retain, at the very least, the right to include their work in their portfolio. I'd charge a lot more if I wasn't allowed to, if I took the contract at all... but I probably wouldn't, as I'd question the motives of someone who didn't want me taking credit for my own work. Of course, if you have them sign an NDA, make sure you specify that they may include the work in their portfolio only after the game is released. That's sensible.
     
  8. Red27

    Indie Author

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    No; I have no objection whatsoever to the Artist using the work in their portfolio ; they fully deserve the credit for the fine work they've done/doing.

    I just want to come up with a reasonable "business-like" contract that states that I own the artwork produced (so essentially I don't contractually have to pay future royalties, only the agreed upon fee), and also to prevent the art being sold for anyone else to use.

    Any examples of simple, but effective, wording to convey this would be appreciated.

    Thanks.
     

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