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  3. Contracting out artwork

Contracting out artwork

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  • B Offline
    B Offline
    BRShroyer
    wrote on last edited by
    #1

    When you contract someone to design icons or backgrounds for you, do you normally get to keep the rights to the originals? I haven't contracted someone before and didn't know what the norm was. Thought it might be nice to know a little before going down this road. I know that tattoo artists get the rights to anything they design and put on your arm. I think they do even if it's your idea as long as you do not have a drawing already made that they are copying from. It's considered their original work because it has not been drawn before.

    Brad If you think you can, you will. If you think you can't, you won't. Either way, you're right.

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    • B BRShroyer

      When you contract someone to design icons or backgrounds for you, do you normally get to keep the rights to the originals? I haven't contracted someone before and didn't know what the norm was. Thought it might be nice to know a little before going down this road. I know that tattoo artists get the rights to anything they design and put on your arm. I think they do even if it's your idea as long as you do not have a drawing already made that they are copying from. It's considered their original work because it has not been drawn before.

      Brad If you think you can, you will. If you think you can't, you won't. Either way, you're right.

      P Offline
      P Offline
      PIEBALDconsult
      wrote on last edited by
      #2

      I expect it depends on the contract. As with contracting for code it can be something like, "you agree that you are creating this work for me and I will own all the rights to what you produce under this contract". If the artist doesn't agree, he doesn't get the contract. But I'm no lawyer.

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      • B BRShroyer

        When you contract someone to design icons or backgrounds for you, do you normally get to keep the rights to the originals? I haven't contracted someone before and didn't know what the norm was. Thought it might be nice to know a little before going down this road. I know that tattoo artists get the rights to anything they design and put on your arm. I think they do even if it's your idea as long as you do not have a drawing already made that they are copying from. It's considered their original work because it has not been drawn before.

        Brad If you think you can, you will. If you think you can't, you won't. Either way, you're right.

        J Offline
        J Offline
        Jeremy Hutchinson
        wrote on last edited by
        #3

        By default the work is owned by the creator. If they create the work while employed full time at your company, then the company owns the work. Otherwise you want to specify that it is "work for hire" and that you own the rights. You should expect this to cost more. Same rules apply to software too. Unless you are a full time employee or your contract specifies that it is work for hire you own the copyright to everything you create.

        My Blog[^] Chess Tactics for WP7[^]

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        • B BRShroyer

          When you contract someone to design icons or backgrounds for you, do you normally get to keep the rights to the originals? I haven't contracted someone before and didn't know what the norm was. Thought it might be nice to know a little before going down this road. I know that tattoo artists get the rights to anything they design and put on your arm. I think they do even if it's your idea as long as you do not have a drawing already made that they are copying from. It's considered their original work because it has not been drawn before.

          Brad If you think you can, you will. If you think you can't, you won't. Either way, you're right.

          E Offline
          E Offline
          enhzflep
          wrote on last edited by
          #4

          When you're contracting someone, YOU are the one that writes the contract. If you wish to retain rights, simply stipulate the arrangement in the contract. In my experience, both have been normal: 1) Non Disclosure Agreements 2) An understanding that the company has the rights to any intellectual property relating to the company's core business that I develop during my employment there. What is normal in your neck of the woods is entirely unknown to me. Artists may accept the condition without batting an eyelid - conversely, it may not be until you've exhausted all professional artists and are scraping the barrel of Uni students that you get somebody prepared to sign.

          Make it work. Then do it better - Andrei Straut

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          • B BRShroyer

            When you contract someone to design icons or backgrounds for you, do you normally get to keep the rights to the originals? I haven't contracted someone before and didn't know what the norm was. Thought it might be nice to know a little before going down this road. I know that tattoo artists get the rights to anything they design and put on your arm. I think they do even if it's your idea as long as you do not have a drawing already made that they are copying from. It's considered their original work because it has not been drawn before.

            Brad If you think you can, you will. If you think you can't, you won't. Either way, you're right.

            W Offline
            W Offline
            wizardzz
            wrote on last edited by
            #5

            You really should make that clear in the contract, save yourself a shitload of trouble.

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            • B BRShroyer

              When you contract someone to design icons or backgrounds for you, do you normally get to keep the rights to the originals? I haven't contracted someone before and didn't know what the norm was. Thought it might be nice to know a little before going down this road. I know that tattoo artists get the rights to anything they design and put on your arm. I think they do even if it's your idea as long as you do not have a drawing already made that they are copying from. It's considered their original work because it has not been drawn before.

              Brad If you think you can, you will. If you think you can't, you won't. Either way, you're right.

              L Offline
              L Offline
              Lost User
              wrote on last edited by
              #6

              BRShroyer wrote:

              I know that tattoo artists get the rights to anything they design and put on your arm.

              They usually copy pre-existing pictures onto skin. Unless those pictures are from the public domain, they should be paying royalties. And no, even if it's something original, they're working as a contractor, and the commissioner is the copyright-holder. Not that I'd be able to reproduce it.. :-\

              Bastard Programmer from Hell :suss: if you can't read my code, try converting it here[^]

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