If you get people to create assets for you (graphics, art, music, etc.) what are the laws on who owns these assets?

It is really a double question.

If you pay for those assets are they yours?

If you don't pay for it but they are given to you (for use in your game) are they still yours?

Do they have the right to take legal action against you or your game? Do I need some kind of contract or written consent?

Thanks.

Quote:Original post by Punk Designer
If you get people to create assets for you (graphics, art, music, etc.) what are the laws on who owns these assets?

If you pay for those assets are they yours?

Not unless you have a written agreement which assigns copyright in the work to you, or the person making them is an employee (with an employment contract) based in a location where such work would be considered "work for hire".

Quote:If you don't pay for it but they are given to you (for use in your game) are they still yours?

No

Quote:Do they have the right to take legal action against you or your game?

Yes

Quote:Do I need some kind of contract or written consent?

Yes - specifically you need a written (not verbal) assignment of copyright or a license agreement which grants you the specific right to use the assets in your game.

If you get people to create assets for you (graphics, art, music, etc.) what are the laws on who owns these assets?

It is really a double question.

If you pay for those assets are they yours?

If you don't pay for it but they are given to you (for use in your game) are they still yours?

Do they have the right to take legal action against you or your game? Do I need some kind of contract or written consent?

Thanks.

1. Payment doesn't confer ownership of the IP. Only an assignment of the IP/work-for-hire agreement will confer those rights.
2. If they give you a copy, with a verbal non-exclusive license to use the work in your game, that generally means you can use the work. You do not own the work. The author is the default owner of creative work absent a written assignment.
3. They can take legal action against you and your game. While verbal non-exclusive licenses are valid, they're also worth the paper their written on... in other words, the existence of such a license is tantamount to a "he said, she said" argument. Getting a signed agreement in writing stipulating who owns what, including whether the creative work is assigned to the game owner or is exclusively or non-exclusively licensed, is mandatory.

Thank you all very much.

The information is useful to me, I will look into seeking legal help to minimise the risk.