[deleted] [Edited by - XisZ on January 14, 2009 1:23:20 AM]

IANAL

Go back to the artists and negotiate release of IP rights. If you're on good terms with them it should be no problemo. You're obviously at risk of not having the rights but that's the bed you made when you didn't up-front a contract.

But talk to a lawyer: you'll at least need one to help you draw up that contract and just discuss if that's correct anyway.

-me

Your lawyer is correct.

You must get an assignment of rights in writing, or companies will never make an offer to purchase your I.P.

Put simply, they CANNOT acquire it from you because it is not yours.

Ask you lawyer about assignment of rights agreements. They'll have boiler-plate agreements they can give to you. If you are feeling cheap, you can get boiler-plate agreements in various books from Nolo press.

Palidine

Thank you, actually I am on very good terms with the artists- they are all still on the team and creating artwork as we speak- however one of them moved to to another country and I fear she might have to be taken off the team- not only that but her submissions might have to be considered void.

frob

Thank you as well for your personal advice.
Now, does an assignment of rights actually mean the I.P is transferred- or is it just that I have permission to use it?

Also, when an artist creates, say a character for example. Do I have him/her transfer ownership of the actual drawing itself, or the appearance of the character- or are those one in the same? (Maybe that's a question a lawyer should answer.)

Thank you all for your advice, I will try to make a copyright lawyer as soon as I can- at least once I figure out every question I have to ask him.

In the mean time, if I have any other pre-lawyer questions I know where to come!
Thanks again.

Quote: Original post by XisZ
Palidine

however one of them moved to to another country and I fear she might have to be taken off the team- not only that but her submissions might have to be considered void.

Shouldn't have too. She can sign an agreement (assuming she is legally an adult) and work remotely via the net.

Quote: frob

Thank you as well for your personal advice.
Now, does an assignment of rights actually mean the I.P is transferred- or is it just that I have permission to use it?

Either. You can either negotiate to have all rights in the work assigned to you/your company in return for the money paid or you can negotiate a license agreement which gives you exclusive or non-exclusive rights to use the artwork in your game. Which method you use should be decided after talking with your lawyer.

Quote: Also, when an artist creates, say a character for example. Do I have him/her transfer ownership of the actual drawing itself, or the appearance of the character- or are those one in the same? (Maybe that's a question a lawyer should answer.)

It's more general than that. You have a contract with the artist for them to do work and for you to pay them. As part of that contract you have a clause which assigns all IP rights in "the work created" to you. Then, whatever they create for you is yours.

Thank you all for your advice, I will try to make a copyright lawyer as soon as I can- at least once I figure out every question I have to ask him.

Are you worried your artists won't give you the rights? Since you've paid them and are on good terms, I would suggest you contact them and simply say "I need to get legal documentation that I own the rights/IP to the work I've paid you for". Then do all the paperwork the other guys are suggesting. If you bring the matter up as something standard you just need to get done, there's no reason they should argue.

Obscure

Thank you for your advice, yes she is legally an adult (25, and married)and thanks for the tip. "All work done" rather than trying to figure out every medium.

d000hg

I'm not worried about the rights at all, in fact I already brought it up to them and they've agreed to sign anything so long as they are credited for it. I just am worried what if they create something that I just fall in love with, and suddenly dissapear.

Quote: Original post by XisZ
I just am worried what if they create something that I just fall in love with, and suddenly dissapear.

You can also worry what if they get hit by a truck before they sign. You can also worry what if the Internet gets hacked and the world goes into chaos. You can also worry what if this, what if that. Worrying is a waste of mental energy. Just get that lawyer, draft that agreement, and proceed with business.

Tom Sloper

Actually I have made an appointment next week to meet with a lawyer. He says it will cost anywhere from $500 to $750, and that's only because he's been helping my family for many years...My budget actually can barely afford him, but it is essential I do this.

Quote: Original post by XisZ
Tom Sloper

Actually I have made an appointment next week to meet with a lawyer. He says it will cost anywhere from $500 to $750, and that's only because he's been helping my family for many years...My budget actually can barely afford him, but it is essential I do this.

Taking your family's money for years, you mean [wink].

It must be such a standard thing, to transfer IP rights, that you can get a pre-made contract or something, surely?

I'm interested, how does this work? How do you prove the assets you use are the ones you have IP for? Do you have to list all the filenames, or descriptions of the content of every file? That would hardly seem watertight.

Is it possible to get an open-ended agreement that every piece of artwork sent to you and paid for (keeping records of payment per asset) automatically becomes your IP, rather than having to switch the IP after paying?