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3d animator re-using animations and Copyrights?

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Hey guys,
Question: I know its pretty common in the 3d asset creation world to re-use animations and/or models with slight to no modifications. How would a developer work around the problem of copyrighting the assets used for a game if the contract animators re-use their work.
1-State in the contract that they are not allowed to re-use work because you (the developer) will be getting copyrights to the work. And therefor, spend more money on asset creation because it all must be from the ground up.
or
2-??

Thanks folks, your insight is very helpful

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The contract you make the artist sign contains a representations and warranties section, in which the artist warrants that he created the work himself and it is unencumbered. The contract also should include an indemnification clause, in which the vendor holds you harmless (i.e. assumes responsibility for any possible lawsuit). If it later turns out that he lied about that and you get sued, you can turn around and sue him.
Sounds to me like there's a lot you need to learn about contracts. You can read up on them by using the resources at IGDA.org and Gamasutra.
At IGDA, check out the Contract Walk-Throughs.
At Gamasutra, read the Call of Duty contract.

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Yep option 1.

Intellectual property is valuable. Most publishing contracts require the developer to assign all rights to the publisher. This in turn means all the artists and coders must assign copyright to the developer and that requires that the work be original.

Obviously this excludes third party tech which has been licensed for the project (such as Unreal Engine or a physics plugin).

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Tom, thanks for the info about contracts, but i wasnt asking about them... you missed the point.
The point is animators and modelers re-use work, its like a huge pool of resources and they all dip out of to make assets. How dangerous for a developer is it if his contract animator uses a "walk" or "shoot" animation that has been copyrighted by half a dozen other companies.
Or does this kind of generic animations even get considered in a copyright infringment lawsuit?

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Quote:
Original post by Wink00
The point is animators and modelers re-use work, its like a huge pool of resources and they all dip out of to make assets. How dangerous for a developer is it if his contract animator uses a "walk" or "shoot" animation that has been copyrighted by half a dozen other companies.

Standard reply: "It depends."

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It depends....
It depends on if you are talking about developers working on a project for a publisher (see my post above) or a small indie who will self publish.
It depends if you are talking about people just taking stuff they found on the internet or if you are talking about art/animation that is legally licensed from companies like Turbo Squid.

Note: Models, animation etc can't be copyrighted by half a dozen companies. Only the creator of the work (or the company they work for) owns the copyright and they then license it for use by other companies.

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To be more specific, by re-using animations i mean animations made from motion captures. I know there are alot of motion captures available free of use on the internet. I am a "small indie" and more than likely to self publish.

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Quote:
Original post by Wink00
To be more specific, by re-using animations i mean animations made from motion captures. I know there are alot of motion captures available free of use on the internet. I am a "small indie" and more than likely to self publish.

They may be free as in zero cost, but they come with a license.

If they don't have a license then you have no right to use them.

Check the terms of that license. Most online licenses are non-exclusive, meaning they can be reused by many companies. The exact details are spelled out in your license agreements.

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Quote:
Original post by Wink00
I know there are alot of motion captures available free of use on the internet. I am a "small indie" and more than likely to self publish.

Most of the free assets are only free for non-commercial use. You need to read the license agreement or ask the creator if the animation is free for use in your game.

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