Copyright protection

[Voolf]

Thank you that is actually very logic.

[Voolf]

After putting more thought into it, it seems odd.

If client provides me with a sketch of a map, i map it, but dont sell him the copyright, then he/she cannot re-copy and resell it becase i hold the right, and i cannot recopy and sell it anywhere else, because i will violate the clients right (his idea, his world)... This seems very strange, it is like impasse

Someone has more knowledge about that ?

[Straf]

I'd make sure the terms are clearly laid out. The client can grant you license to create a map based on their concept, that is implied from passing you the sketch. You create the map, that's your work. IANAL so this is just speculation, but I work in an industry where clients regularly approach with a concept and ask the company to create the end product. Once everything is agreed then the product goes into production and is sold to the client. In many cases the client expects exclusivity - the product can't be sold to another party, not can the project be discussed with any other party. In fact confidentiality is again, implicit, but usually forms the basis of relationships. The company still retains the rights over the product, and where exclusivity is granted there is usually a bit of a premium - the clients are usually happy to pay this as they have a unique product on the market.

The difference here, though, is that the map is not reproduced by the artist, but by the client. In my industry, if someone claimed ownership over the product then handwritten, dated proof can be produced as it's all written up in numbered books with numbered and dated pages. These are further backed up by development notes in each individual developer's notebook. I tend to write down all of my thoughts on a project as I think them. Even things like "I'm going to try x,y,z" and then "Nope, that didn't work" or "A partial success, perhaps trying z+½x will work". Anyway what I'm saying is despite being handed a concept, if the development audit trail is kept then it can be shown that the substantial portion of the work can be demonstrated to belong to you.

If the client wanted a map to play with their mates, and you charged them a modest fee to reflect that, then they decided to publish their game, with the map, and made large sums of money I'm sure you'd be feeling you'd be entitled to share in some way. If all you have is a concept sketch and a final digital map then you're less likely to be able to convince a court you made a substantial contribution. If, however, you kept everything, including the original intention of use, you might be more successful in claiming subsequent reward.

Or you could set out the terms of such a transaction from the outset, detailing who owns the rights, and for what use, including the rights to reproduce.

All that said, though, if something does make it to mass commercialisation I'm sure the publisher would just have their own artists re-create the work in such a way that it still retains the basic structure but differs sufficiently so that it would be difficult to prove it as a derivative work.

[Voolf]

Thanks Straf, That shed some light, but the core question still remains. Does the artist can sell the map to others, if the main client did not wanted exclusive use.

[Straf]

I would say yes, but out of courtesy I'd clear it with the client first.

[kacey]

If someone personally commissions a map from you, weather it's legal or not I think it would be in poor taste to reproduce it for someone else.

[Voolf]

Yes Kacey i agree. I just could not wrap my head aroud that copyright from both perspective.
You have been most helpful. Thank you all very much.

[GreatWhiteNorth]

So what does selling the copyright to your client allow them to do? For example: say a client requests a map intended for publishing in a RPG campaign setting/adventure book (or PDF). Do they need to purchase the copyright in order to include my work in their production? If they don't have the copyright, but include it in their production, I assume they then cannot reproduce it for some kind of bonus material (ie. a stand-alone map poster or something). And if they do purchase the copyright and include it in their production, are they entitled to edit/reproduce my work any way they want?

I guess what I'm asking, what rights does the copyright holder actually have, additional to some nebulous legal advantage if the other party offends in some way?

Anyone have any more insight other than what's been said in previous posts on this thread?

[jfrazierjr]

So what does selling the copyright to your client allow them to do? For example: say a client requests a map intended for publishing in a RPG campaign setting/adventure book (or PDF). Do they need to purchase the copyright in order to include my work in their production? If they don't have the copyright, but include it in their production, I assume they then cannot reproduce it for some kind of bonus material (ie. a stand-alone map poster or something). And if they do purchase the copyright and include it in their production, are they entitled to edit/reproduce my work any way they want?

I guess what I'm asking, what rights does the copyright holder actually have, additional to some nebulous legal advantage if the other party offends in some way?

Anyone have any more insight other than what's been said in previous posts on this thread?

Selling a copyright means they own it, lock, stock and barrel in perpetuity. They own it, it's theirs. You can't do anything with it, including displaying in your portfolio. Now, that's the simple explanation. Typically, the buyer explicitly rights into the contract that the artist has some limited use such as portfolio as long as they don't make direct money on it.

On the other hand, some artists LICENSE their work. This is giving the art, typically for a specific set term or number of books or whatever. A perfect example of this is for years Sony has a license for all Spider Man related characters in it's moves and likewise Fox has the license for Spider-man based movies. When these things are set up, they are done with set terms. For both of those movie companies, IIRC(which may not be accurate), they HAVE to make a movie with every x years to maintain their license or it reverts back to Marvel. this is also why Marvel can't include those characters in it's own movies(though, recently license terms have changed by agreement of both parties to allow Spiderman to be in the Avengers movies.)


Real simple:
If they buy the copyright, you have zero rights to anything not agreed upon the contract until the end of time

If they license your work, then you RETAIN the copyright and could potentially license the work to multiple other parties UNLESS part of the original license agreement was for an EXCLUSIVE license(which happens most of the time as above with Marvel). Usually, there is some time limit or way to revoke the license if conditions are not maintained.

[GreatWhiteNorth]

That helps a lot, thank you.