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Need advice for Programmer about to pay for freelance pixel art


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#1 ExKyo87   Members   -  Reputation: 124

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Posted 25 September 2013 - 11:35 AM

Hello 
I am a programmer who wants to start making a new game, that will be commercial when finished, 
getting help with the graphics from freelance pixel artists, and the music from freelance musician, etc..
 
My question is about the copyright of the art or the music, to whom these rights of the pixel art or music belongs, to me?, to my freelance employee, to both?, can i use
the art of the freelance employee for my commercial use?
 
I need to put him/her on the credits?, i have to pay him/her something for use the resource in a commercial game?


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#2 Tom Sloper   Moderators   -  Reputation: 9874

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Posted 25 September 2013 - 01:55 PM

exkyo,

You need to pay your artist enough that he's willing to sign over his rights in the art to you, and you need to get that in writing (a work for hire contract). 

You should get an attorney to draft the contract for you, and you need to learn the meanings of "work for hire," "copyright," and "moral rights (droit moral)", at the very least.


-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#3 ExKyo87   Members   -  Reputation: 124

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Posted 25 September 2013 - 02:03 PM

I have another problem that maybe you can guide me, i am from Uruguay and i dont know, if here we have an attorney for videogame, to make draft contracts or other stuff, what can i do?, can i hire an attorney online to make this draft contract and use it multiple times?

 

 

i am editing this answer a little more:
i dont want to pay to someone for an art, and when i start selling the game get a response from this person saying "i doesnt allow you to use my work this way, i will sue you", i want to avoid that cases.

Edited by ExKyo87, 25 September 2013 - 02:09 PM.


#4 Tom Sloper   Moderators   -  Reputation: 9874

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Posted 25 September 2013 - 02:05 PM


can i hire an attorney online to make this draft contract and use it multiple times?

 

Yes. There are attorney links in a sticky post atop this forum.


Edited by Tom Sloper, 25 September 2013 - 02:06 PM.

-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#5 Tom Sloper   Moderators   -  Reputation: 9874

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Posted 25 September 2013 - 04:37 PM


i dont want to pay to someone for an art, and when i start selling the game get a response from this person saying "i doesnt allow you to use my work this way, i will sue you", i want to avoid that cases.

 

Write a good contract.  It won't guarantee that you won't get sued, but it'll greatly improve your risk.


-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#6 bschmidt1962   Crossbones+   -  Reputation: 1833

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Posted 27 September 2013 - 09:22 AM

You need to pay your artist enough that he's willing to sign over his rights in the art to you,

 

Since you also talked about music...

It is not necessary to find someone who is willing to sign their music rights over to you, but you do need a written agreement.

That agreement can say either

A) I (the musician) will sign my rights to the music over to you as a "Work for Hire" contract

OR

B) I (the musician)  will keep my rights, but will sign a license agreement that lets you use my music in your game.

 

B will generally be much cheaper than A (because the musician keeps the rights to the music).

 

It can get more complicated of course, but those are the broad brush choices.


Brian Schmidt

Executive Director, GameSoundCon:

GameSoundCon 2014:October 7-8, Los Angeles, CA

 

Founder, EarGames

Founder, Brian Schmidt Studios, LLC

Music Composition & Sound Design

Audio Technology Consultant


#7 ExKyo87   Members   -  Reputation: 124

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Posted 27 September 2013 - 07:03 PM

Thanks for the nice answers biggrin.png!



#8 Orymus3   Crossbones+   -  Reputation: 9027

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Posted 28 September 2013 - 11:52 AM

 

You need to pay your artist enough that he's willing to sign over his rights in the art to you,

 

Since you also talked about music...

It is not necessary to find someone who is willing to sign their music rights over to you, but you do need a written agreement.

That agreement can say either

A) I (the musician) will sign my rights to the music over to you as a "Work for Hire" contract

OR

B) I (the musician)  will keep my rights, but will sign a license agreement that lets you use my music in your game.

 

B will generally be much cheaper than A (because the musician keeps the rights to the music).

 

It can get more complicated of course, but those are the broad brush choices.

 

Is "B" what we call exploitation rights?



#9 LorenzoGatti   Crossbones+   -  Reputation: 2703

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Posted 03 October 2013 - 07:35 AM


i dont want to pay to someone for an art, and when i start selling the game get a response from this person saying "i doesnt allow you to use my work this way, i will sue you", i want to avoid that cases.

 

That's the whole point of "work for hire": it isn't his work (i.e. he doesn't have copyright) because he agreed to work on your project, assigning the copyright of whatever he makes while working on your project to you. The contract needs to define and state clearly what transfer of copyright takes place to avoid the exact scenario you are already worrying about, and that's why you need a lawyer.


Produci, consuma, crepa




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