Saturday, September 03, 2005

interesting article on work for hire rights

Started doing a little research on the whole ownership of creative property . The Star Wars dude asked if I'd do some concept art for a movie he is pitching to some "Hollywood Execs." Riiiight. Anyway, I humored him and said I was interested just to make sure I'd get the stupid stormtrooper helmet. It sounds like anything I'd create for this guy would become his property but I could retain rights to any original art. I THINK that means that if that guy wanted to take that Star Wars drawing I did, mass produce it, and sell it, he could do it without me seeing a single penny. I could only take the original drawing and sell that if I wanted. It's a shitty deal for an artist, particularly if you design something like the Terminator endoskeleton for a movie studio, the movie goes on to spawn sequels, merchandise, comic series and you never see another cent more than your original fee.

In this case, the guy hasn't offered anything yet - just asked if I was interested. In all likelihood, it'd prob. be for another homemade movie prop. Sounds like a lot of work for little reward. If the guy asks for a design for a cryogenics technician without much more description, the artist is doing all the work: costume design, chracter physical attributes, etc. Not sure it's worth it, other than the slim chance of having something you design get put into a movie.

2 comments:

Mike Short said...

some thoughts:
1) if someone hires you to draw something for them it is still their idea. no matter how much (or how little) they provide in terms of description etc...
2) the fact that the rights belong to the buyer means the seller (you) need to make sure you set up your contract with the guy (the buyer) so that you are compensated fairly. this could mean a percentage of all sales related to your artwork. You could try to come up with a clause that you restructure the contract in the event that the movie gets sold etc. basically if the thing blows up you get to resell. or simply a limited use clause, i.e. the artwork can only be used for the pitch. any other use would require a restructuring etc.

I don't know that's all I can think of. If you are worried about, you need to get an agreement that makes you comfortable or you should not do it.

Mike Short said...

not really waaay too busy