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Contracting an Artist

Started by July 05, 2009 10:13 PM
2 comments, last by monalaw 15 years, 4 months ago
Hi, My team is in need of an artist for all our 3D models. What type of a contract would we need to protect the artwork the artist would make for us? I mean that what type of contract will show that all the artwork he made goes towards the game and our company and is no longer his own work that he can distribute to others or claim later that we stole it(since he made it for us with us). We are hoping to find a artist to become a partner of our business(since he is going to be doing such a big part for the game), but we don't want issues later if he decides to break away and falsely accuse that we stole his work or if he gives it away. What would the name of such a contract be and can I find templates for it online? Thank You
Avneet
Art agreement.
http://www.gamedevkit.com/

-- Tom Sloper -- sloperama.com

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If you are in the US, then you should contact an attorney to provide you with a "work for hire" agreement.
Kevin Reilly
Email: kevin.reilly.law@gmail.com
Twitter: kreilly77
you'll want a collaboration and/or work for hire agreement. No matter what you call it you will want the contract to contain a few things:

1. work-for-hire provision, stating that all work created by artist is a work for hire and therefore owned by the entity;
2. assignment of rights in the event that any part of the work performed by artist is not a work for hire (much of determining a work for hire depends on the nature of the relationship);
3. reservation of rights (can the artist use his contribution for his personal portfolio?)
4. credit
5. compensation/royalty

* the assignment, work for hire and reservation of rights all presume that you want to own all of the rights to the work and there is an actual entity or individual in place that wholly owns the project. If it's a bunch of individuals working on the project these terms may change because ownership of rights may be divided. In that case the question comes down to how the percentage of ownership will be divided, who is responsible for making decisions concerning the project, and what limitations are you placing on each other contributor to ensure that they don't engage in conduct that competes or otherwise creates problems for your project.

That's the baseline. I don't know what Tom's agreement looks like so I don't know if it's what you're looking for-- the photographer and art agreements I've drafted were either independent contractor or straight out assignment of rights contracts with a reservation of non-exclusive rights permitting artist to use work for advertising purposes.

You will want a lawyer or someone with drafting experience, and you will want to make it clear to them what you want, how your team is set up, and how ownership is being split. Discuss it with the other members of your team, chip in, and shop around for an IP or entertainment attorney willing to draft the agreement for a reduced or flat fee. Since you're considering bringing this guy in as a partner you may want to be careful when using form agreements, because they tend to not take that into consideration (e.g. few form agreements contain a clause like "This Agreement is subject to and in addition to the terms of the General Partnership Agreement of Y group. Parties reserve all rights contained in that agreement.")
~Mona Ibrahim
Senior associate @ IELawgroup (we are all about games) Interactive Entertainment Law Group

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