Forum: Community Center


Subject: Intellectual Property and Releases (Or Who Owns What?)

bast opened this issue on May 25, 2000 ยท 1 posts


bast posted Thu, 25 May 2000 at 1:15 PM

Ok, lets get legal for a moment, and then move on. For Sellers: When planning to market a product you must realize that once you sell it, you are thereby granting the right to the buyer to render it in any way he chooses. Modify it in any way he chooses to obtain his renderings or animations, and then sell the end renderings of his animations or still pictures to anyone he chooses. The buyer is not obligated to give you credit unless this is a written part of your release agreement, nor ever share profits with you again unless this is part of the release agreement. As to this one thing, we are selling ROYALTY FREE products here, so though many artists may build into their release contracts provisions for royalties, we will not go down that road. You sold the product to him. For Buyers: What you, the buyer may NOT do is to RESELL or Redistribute the original or modified geometry that you purchased from the original artist in any way without the original creator's express permission. When do things traditionally go from being "the original artists work" to becoming you the purchasers work? This is a legal gray area, largely open to interpretation of the individual, but the rule of thumb legally is that once a artist modifies another's work by 51 percent, the work then becomes his own work of art that he may "sign" with his name as his own. Where the 51 percent lies is the source of many legal battles and frustrations in intellectual property and copyright court. We do not aim to have these squabbles here, so all who plan to sell any product need to be aware it CAN and WILL be legally modified by your buyer to his needs, and then if at all possible will be used to make money by the buyer. That is the art business :) Every artist bar none, since the first one, was influenced by the one who went before him, and we are a community with a hive mind who owes all to those who went before. Buyers should note however, that giving credit to those who went before is a polite gesture, and in some cases a legally necessary gesture. Once sold the original artist cannot demand excess of you that is not provided for in an agreed upon contract, but he CAN demand that you give him credit by word or trademark in your work. If the original artist wishes his trademark to be included, it is his obligation to provide the bitmap of this. We would again like to avoid this here, as it merely complicates matters. Including Works Of Others In Items For Sale: For those wishing to include props made by others in works they sell: This is a very sticky area that again often times winds up on contract and intellectual property rights court. Our aim here is less stress, more joy. This is very, very simple, and I think I can sum up the store's stance on it in one short paragraph. Do not redistribute the works of another in any sold work. Even if you give credit. That is, unless you are working in agreed upon collaboration with the owner of the intellectual property you wish to include. Ok, ok, I hear you. What if that lovely barbarian you have modeled and wish to sell is just NOT going to look right without BillyJoeBob's sword you downloaded? Here is a suggestion, take it or leave it. I myself would include several "suggested usage" renderings not only in the zipped up files, but also in advertising material renderings for the actual sale pages that the store will construct. I would make it clear that the sword is NOT included, but may be downloaded from BillyJoeBob's site to complete the look you are showing your model in. Less artistic license and more gratitude and thought wins the day and keeps artists from feeling cheated. As always, I am here to help in any way I may, Liz Birdsong Hbg@kreative.net