Commercial release forms for art...

Discussion in 'Indie Business' started by manimani, Jun 21, 2012.

  1. manimani

    manimani New Member

    Joined:
    Jan 2, 2008
    Messages:
    58
    Likes Received:
    0
    Hi,

    We are in the process of sourcing artwork and were looking for advice on owning the commercial rights to artwork an artist makes for us.
    Is it implied that by paying for the artwork and stating in your email corespondence that it is for a paid game that you own the commercial rights.
    What should you do to protect yourself and what should you watch out for?
     
  2. lennard

    Moderator Original Member Indie Author

    Joined:
    Jan 12, 2006
    Messages:
    2,390
    Likes Received:
    12
    I've got a boilerplate contract that I change for each project - I'd be happy to clean it up and post it here if it would be of use to you (and possibly others in the future). I'm a programmer not an artist so no warranty expressed or implied but... it doesn't make sense to me to pay legal fees that could be going towards artwork every time I do a small contract with an artist.
     
  3. manimani

    manimani New Member

    Joined:
    Jan 2, 2008
    Messages:
    58
    Likes Received:
    0
    That would be great Lennard, thanks. Nice to have something on paper.
     
  4. narrat

    narrat New Member

    Joined:
    May 20, 2012
    Messages:
    4
    Likes Received:
    0
    I'd like to take a look at it too if you don't mind lennard, I was going to ask OP's question myself.
     
  5. lennard

    Moderator Original Member Indie Author

    Joined:
    Jan 12, 2006
    Messages:
    2,390
    Likes Received:
    12
    I've decided to pass out the contract via email so I've responded offline to manimani. Narrat please email me a link to your website and I'll send you a copy of the contract I use.
     
  6. James Coote

    James Coote New Member

    Joined:
    Apr 1, 2012
    Messages:
    26
    Likes Received:
    0
    I used a site called simply docs, where you sign up for £50 or something and get a bunch of template contracts for all sorts of things, that you just fill in the blanks for. Wondering if anyone else uses these kind of sites or have ever run into issues when using contracts.

    Also the contracts I used were for perpetual exclusive licenses rather than actually transferring the copyright on the work. Is that fairly normal for the industry?
     
  7. lennard

    Moderator Original Member Indie Author

    Joined:
    Jan 12, 2006
    Messages:
    2,390
    Likes Received:
    12
    James, if I was paying somebody to create something for me then I would expect a work for hire where I own the images outright. This perpetual exclusive license could have a number of ramifications. For example:

    Can you resell the artwork that you paid to have created?

    If your company is bought does the license transfer?
     

Share This Page

  • About Indie Gamer

    When the original Dexterity Forums closed in 2004, Indie Gamer was born and a diverse community has grown out of a passion for creating great games. Here you will find over 10 years of in-depth discussion on game design, the business of game development, and marketing/sales. Indie Gamer also provides a friendly place to meet up with other Developers, Artists, Composers and Writers.
  • Buy us a beer!

    Indie Gamer is delicately held together by a single poor bastard who thankfully gets help from various community volunteers. If you frequent this site or have found value in something you've learned here, help keep the site running by donating a few dollars (for beer of course)!

    Sure, I'll Buy You a Beer