I did for one of my client a digital sculpt. Before the end of the job my clients said don't need more, and don't like what I did (without explain what don't like, I can only say the model is pretty close to the original artwork) and want give the job to another sculptor (more cheaper).
to perform the work he provided me some reference doing by one of his concept artists (really nice and detailed artwork).
no money upfront, no contract, only some email (I know, is not good way to work...
Now, I don't want waste the job I did, so I want complete the job, add some different details at my choice and print and sell it (a limited edition on ebay)
The sculpt has not any register logo upon it, the artwork provided by my client is heavily "inspired" to a famous series of videogame and board game (warhammer)
Can I have some legal issue? The client don't paid me for the job, so the piece is mine, or not?
Who own the rights?
-
Daniel Brassard
- Posts: 878
- Joined: 18 Mar 2010, 22:38
- Location: St. Thomas, Ontario
Re: Who own the rights?
I don't know the law in your country so this will have to be taken with people of knowledge but in mine this is called derivative work, you created the piece on commission based on the artwork of the original artist so "no, you do not own the copyright of the piece."
That said, if the client has not paid you for the work, he does not own your work therefore don't give him any files of your work until a reasonable payment has been provided. Use the emails as an agreement for payment if necessary. You may not have a written contract but the exchange of email is a form of contract.
You probably can modify heavily the model, using it as a base for your own creation so that the work is not all wasted.
There are a series of old articles on 3DWorld about that subject and that could be quite complicated sometime.
Lesson learned, next time ask for a deposit or some form of payment structure (30%, 60%, 90%, 100%) with review and payment at each stage. Get a proper contract signed before you start, complete with a clause that cover you if the client walk away like he did.
Cheers and good luck!
Dan
That said, if the client has not paid you for the work, he does not own your work therefore don't give him any files of your work until a reasonable payment has been provided. Use the emails as an agreement for payment if necessary. You may not have a written contract but the exchange of email is a form of contract.
You probably can modify heavily the model, using it as a base for your own creation so that the work is not all wasted.
There are a series of old articles on 3DWorld about that subject and that could be quite complicated sometime.
Lesson learned, next time ask for a deposit or some form of payment structure (30%, 60%, 90%, 100%) with review and payment at each stage. Get a proper contract signed before you start, complete with a clause that cover you if the client walk away like he did.
Cheers and good luck!
Dan
$ifndef "Softimage"
set "Softimage" "true"
$endif
set "Softimage" "true"
$endif
-
Nizar
- Posts: 725
- Joined: 30 May 2010, 20:54
Re: Who own the rights?
Thanks Daniel.
No, he don't want the file, he found another modeller more cheaper.
I don't want embark in a lawsuit against the client.
I know is not possible affix copyright upon a shape (the only exception is when the shape is an evident design evolution and has ergonomic and specified usability). The copyright can be affix only upon a logo, a name etc. this is a international rule (but I can be wrong)
As you said, I want add and modify many details upon the model, and model itself is heavily inspired to warhammer (so can be a bit ridiculous if the client would argue about some copyright infringement....
I usual work like you explain, but sometime, when the client is at his third or more commission, I tend to be more confident and flexible with my rules. An error...
No, he don't want the file, he found another modeller more cheaper.
I don't want embark in a lawsuit against the client.
I know is not possible affix copyright upon a shape (the only exception is when the shape is an evident design evolution and has ergonomic and specified usability). The copyright can be affix only upon a logo, a name etc. this is a international rule (but I can be wrong)
As you said, I want add and modify many details upon the model, and model itself is heavily inspired to warhammer (so can be a bit ridiculous if the client would argue about some copyright infringement....
I usual work like you explain, but sometime, when the client is at his third or more commission, I tend to be more confident and flexible with my rules. An error...