artwork usage rights?

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  • horton

    question:

    if i want to limit the usage rights on some illustrations and graphics i'm creating for merchandise, am i shooting myself in the foot by billing hourly? will this legally waive my rights as the artist and create an "employee" scenario where employer retains rights to work created on the clock?

    yes a flat fee would make more sense but tricky to quote on this particular job as the details are still TBD.

    anyone know the legal facts?

  • robotron3k0

    IMO you "may" have been better off with a flat rate, but as they say, hind site is 20/20. Legally, I don't know how room you have and if there would be a legal standing unless some contracts were signed. You can also look at it another way, the economy is in toilet right now, add a few extra "hours" to your project and be happy you have work.

  • airey0

    it will depend on a contractual agreement not on how you get paid to create them. you'd want to check that agreement man, cause if it's not already in the pipeline they'll be able to crank those illustrations through to your grave.

    • it's hard to put a dollar number when the project is a moving target. write a clause in your next contract of "scope creep"robotron3k
    • yeah i think i'll just bill in stages that way i can leave the budget openhorton
  • horton0

    thanks yeah no contracts have been signed yet and i *think* what i'm reading via google searches is that as the freelancer (no employment contract) absolutely retains usage rights unless i've signed them off at some point. which i won't of course.

    http://ask.metafilter.com/73764/…

    • and that depends on if your lawyer is better than theirs. + you'll never work for them again.airey
    • this somewhat makes me feel at ease but any additional comments/ advice would still be appreciated.horton
    • oh... true that regarding wo's lawyer is better... def not mine :(horton