collaboration and artwork/character design copyright

[pencilkiller]

I have some question about collaboration and artwork/character design copyright.

Recently I had disagreement with my partner in a children book project and I want to terminate our collaborate relationship. We signed the collaboration agreement 4 years ago. He is the author and I am the illustrator. I illustrated all the artwork and design all the characters, and those are done in the first 2 years of our relationship. I want to know do I own the artwork and the character design? I only ask for an agreement to confirm not to use any of my work in the further production. The writer told me any further talk of trying to separate the characters will go beyond his limit and he will take legal action.

The deal is back end royalties and he does not pay me to draw.

In this case, do I own the artwork copyright or not?

[Mirana]

Your collaboration agreement SHOULD address this. If it does not, then yes...each party retains the copyright of work they completed. He cannot sell his story using your art and you cannot use your art on something representing his story.

That doesn't mean he can't take legal action if he wants to. He doesn't have to be right to do that. :shrug:

[Ebony-chan]

Since you decided to terminate the partnership here and this person didn't pay you to do any artwork nor did he pay for the rights to the images. He has no rights to these images what so ever and in turn you have no right to use any of his written story. Did you make out a contract with this person if so refer back to it. However he can't take legal action against you unless he has paid for the images that means comission prices and copyrights prices.

[pencilkiller]

Thanks, that's what I think too. I as the artist of the project should own all the artwork. And I had to admit the contract I signed is really bad. (Naive newbie at the time...) It had a lot of hole in it. It's short and didn't mention parts about the ownership. It also doesn't say the author had to pay me either because I'm the coauthor. In the past 4 years he promises to publish the book in order to get more works and drawings from me. This time he pull the same trick. I asked many time who the publisher is and what kind of deal he got, he never told me the publisher name and only "leak" some info about the royalties and book price after I decide to terminate the project. I've enough of his dishonest and threaten.

The characters belong to the storyline. You images are a result of the storyline and character creation. In any event, in spite of all your discussion and attempt to sever (the character), I am holding to our original agreement. Today, I am delivering (the book) to the publisher for publication.

He can't use this statement of artwork of the characters belong to the storyline to get way from this, right?

[Ebony-chan]

Read this about copyrights it will help you out a great deal here. Because your partner is relying on your inexperince here. He hopes you'll allow him to break the agreement on his part but won't allow you to break the agreement on your end.

Those images were created by you. Unless he has paid for the copyrights to each image then they are yours and he cannot publish them in anyway.If he does so without your permission you may be able to take legal action against him.

Now the question is did you guys make out an actual contract or did you two just an an agreement on who does what?

If your a co-author then here's more info for you.

http://www.speakernetnews.com/post/coauthor.html

http://www.conceptart.org/forums/showthread.php?t=52146

[Mirana]

However he can't take legal action against you unless he has paid for the images

Sure he can. He can claim loss of the art caused him to lose a business deal and cost him money. He could claim lots of things that are wrong and frivolous...but he's gotta have the money to retain a lawyer (which isn't likely to happen since he can't be bothered to pay his artist). Still, the threat is there.

"The characters belong to the storyline. You images are a result of the storyline and character creation. In any event, in spite of all your discussion and attempt to sever (the character), I am holding to our original agreement. Today, I am delivering (the book) to the publisher for publication."

He can't use this statement of artwork of the characters belong to the storyline to get way from this, right?

He owns the WRITTEN description of the characters NOT the visual representation.

Take a look at CHOW: I could tell you about my character that's a "Jamaican-Japanese female ship pilot of a run-down merchant/smuggling/mercenary vessel for hire" and own that idea (if it's specific enough, anyway), but there are MANY visual interruptations of that idea. (http://conceptart.org/forums/showthread.php?t=135312) I do not own those and I can't take artist of one version to court over the artist of another version and win. Of course, there are certain limitations...if there's something in the design that he wrote out in great detail then you might shy away from that. Otherwise, you could take your design and re-imagine the character if you like. Ex: She's no longer a smuggler, but a treasure-hunter! See what I mean?

He can certainly strike a deal with a publisher based on his written word alone, but he (or they) will have to find a new artist. Also, you might mention to him that it is IMPOSSIBLE for him to have a finalized deal with said publisher without having LIED in the contract he signed. I'm sure you're familiar with this in your TP contract...publishers always cover their asses in this case by making the creator sign a clause stating they own copyrights on all materials submitted. If a dispute comes up, author-man is in deep crap with the publisher and will be responsible for paying all court costs and damages. To have a legit contract you would have had to sign on as well.

That being said, he's obviously a moron and I HIGHLY doubt (as it seems you do) that he's got any publisher on the hook. :rolleyes: He's just blowing steam out of his ass.

[Ebony-chan]

Sure he can. He can claim loss of the art caused him to lose a business deal and cost him money. He could claim lots of things that are wrong and frivolous...but he's gotta have the money to retain a lawyer (which isn't likely to happen since he can't be bothered to pay his artist). Still, the threat is there..

See I didn't know that thanks for the heads up. I think pencilkiller said that this guy also broke the agreement a few times on his end. Can Pencilkiller walk away from the deal based on that?

[paramnesia]

If the contract stated "both will have an equal say in making decisions for the book" but he's refusing to divulge information on the supposed publisher or get her approval before sending it in, then can that be considered a breach of contract?

[Mirana]

See I didn't know that thanks for the heads up. I think pencilkiller said that this guy also broke the agreement a few times on his end. Can Pencilkiller walk away from the deal based on that?

Pencilkiller can walk away from the deal with her work based on that NOT be covered in the argeement and the art is specifically hers. If you're saying "is the agreement null and void if the author steps out of bounds?" I'm not sure. The agreement would have to state what recourse happens if certain issues are broken, I believe. Otherwise, she'd just have to take him to court on breach of agreement. This is just guessing though.

If the contract stated "both will have an equal say in making decisions for the book" but he's refusing to divulge information on the supposed publisher or get her approval before sending it in, then can that be considered a breach of contract?

We don't know what the agreement states, do we? Even if the agreement is pretty flimsy I imagine it's AT LEAST gotta state the intent of the author and artist in this venture. Usually "collarboration" does give one the idea that you go in on everything 50/50...but that's gotta be STATED.

Breach of contract doesn't mean too much for anyone unless she wants to take the author to court...and I doubt either has the money for that. Furthermore, I'm betting he's keeping her in the dark because there is NO publisher at all, but he doesn't want her to run off with his art.

Pencilkiller...does the author have hi-res files of your work? He can't do much of anything in print without those.

[pencilkiller]

Thanks Ebony-chan, the link is really helpful. :)

Sure he can. He can claim loss of the art caused him to lose a business deal and cost him money. He could claim lots of things that are wrong and frivolous...but he's gotta have the money to retain a lawyer (which isn't likely to happen since he can't be bothered to pay his artist). Still, the threat is there.

Yap, that's what I worried about. Although it's not like I got anything valuable for him to take. I have no car (it's still under my dad's name although I pay for it) no house, or even much cash in my account. :P Maybe he can take my cintiq....But it still a hassle to deal with law sue and everything.

You are right. After I experience the "real" contract with TP, I realize my stupidity of signing the collaboration agreement with this guy. Compare to the 20ish pages contract from TP that cover everything (good and bad), this guy's agreement is only 3/4 pages long. It didn't cover a lot of detail like time frame or even the ownership. It did mention I have the equal decision right to the book as paramnesia mention though.

I think the deal he got mostly is self-publishing deal. (As with his first novel.) I suggest print on demand service and possibility to pitch the book to mainstream publisher before. He stands strong on his option. He didn’t like the mainstream publisher take control to his work. He also changing his self-publish plan with a publisher to "self printing" with his own color laser printer..in a small amount of 100 copies. (where is my royalties, hello?) He told me his ideal marketing plan, including tie in the book with two big B* bookstores chains and retailer like cost*o and St***ucks or get a grant from the government educational plan like N@S@. And a month later he told me he ready to sign with a publisher which he did a few days later; without telling me which publisher he signed or what kind of deal he get. His explains because in the agreement he pays the upfront cost, he had the right to choose the publisher. And because I didn't pay my share, I had no right to ask him. In the mean time he never tell me who the publisher is. That is my call to quit.

I know. When you hear those big brand names, most people will go wow, great deal!!...especially for newbies!! I know I will fall into the trap again few years ago and do more free works for him...but not now when I experienced how the businesses run.

I don't even know if this guy is too naive or he did pull a trick on me. You will never know what happen when you start a collaboration relationship. But be careful what you signed and make sure you get advice before you do so. I had learned my lesson, and the lesson fee is high.:nohope:

[Elwell]

Before you do anything else, register the work you have done with the copyright office (http://www.copyright.gov) (everything can be registered as one unpublished work). It's a small upfront fee, but it could be well worth it.



Well, what are you waiting for?




Go! NOW!

[Mirana]

He told me his ideal marketing plan, including tie in the book with two big B* bookstores chains and retailer like cost*o and St***ucks or get a grant from the government educational plan like N@S@.

PFFT! If he'd told me that "plan" I would have laughed my ass off at him. That's too ridiculous to be SANE. Again, this guy is just empty threats.

His explains because in the agreement he pays the upfront cost, he had the right to choose the publisher. And because I didn't pay my share, I had no right to ask him.

'Cause, uh...you wasting your time and performing a service FOR FREE is you not "paying your share." HA! These are the morons that make people trying to do honest collabs look bad.

[Ebony-chan]

Pencilkiller you didn't give this guy the final work did you? If not I'd stop everything and tell him that he won't get anything until I know what's going on as far as publishers and what not. If he's keeping you in the dark and not being truthful with you then there's a problem.

And use the link Elwell gave you it will help a great deal in this matter.

[pencilkiller]

Before you do anything else, register the work you have done with the copyright office (http://www.copyright.gov) (everything can be registered as one unpublished work). It's a small upfront fee, but it could be well worth it.



Thanks!! I just paid my fee and upload all the artworks for the registration. :)

Pencilkiller you didn't give this guy the final work did you? If not I'd stop everything and tell him that he won't get anything until I know what's going on as far as publishers and what not. If he's keeping you in the dark and not being truthful with you then there's a problem.


I think it is too late. :( I did a whole book layout 3 years ago in InDesign and send him a copy of PDF file without put in a password to prevent from further edit and printing. Most pictures are 300 dpi. I believe he can right click and save the drawing for the original print size, or he can simply screen cap and save. I also send him low res jpg files for the drawing.

After all that, he never mention the publisher's name. He either don't have one yet, or keep me from contact the publisher directly to the matter.

[Ebony-chan]

I'v been thinking if this guy refuses to tell you anything and your partner won't tell you anything then you have everyright to walk away from this deal here. It's wonderful that you copyrighted your artwork here.

Pencilkiller let him know that your work is coprighted under you and if he tries to use it in anyway without your permission you will take legal action against him.I actually want to see what this guy says once you do this.

[pencilkiller]

Guys, I get a big bumper about the copyright ownership in collaboration. :(

In a collaboration/coauthor relationship, each parties will own equal share of the work. In my case I will own half of the art and the text and they are un-dividable. Read more about the issues:

Copyright Ownership: The Joint Authorship Doctrine (http://library.findlaw.com/1995/Oct/1/129369.html)


One thing I confuse with the article. If I put a clause in the agreement that all original art created by Artist shall remain the sole property of Artist. Did it mean I own my copyright to the artwork?

[Ebony-chan]

Yeah I read the link the thing is your don't know who the publisher is, because your partner is with holding that info.

I hate to be a bother but we need to see the contract itself. You can remove the names and what not we just need to see it so we can help you better. You have an actual contract right?

[pencilkiller]

I hate to be a bother but we need to see the contract itself. You can remove the names and what not we just need to see it so we can help you better. You have an actual contract right?

thanks, I guess since it's not NDA or something, I can post it here for better suggestion. :)

(Book name) Agreement

The purpose of this agreement is to define the roles, consideration and royalties for a book called ____.

_____will be know as the author:

___will be known as the illustrator.

Both will have an equal say in making decisions for the book. The author will make exclusive decisions concerning cost and pricing unless illustrator chooses to invest in the up front costs.

Author will pay the up front production costs, which should range in the $4-5,000 range. As a result, the royalties paid by the publisher shall be distributed to the author. The author will provide statements from the publisher to the illustrator. The author will receive 70% from the published royalty and 30% will be paid to the illustrator. Prior to the production date of the book, the illustrator my take the option to pay 50% of the up front costs and then will receive 50% of the royalties.

The author will pay the illustrator and the illustrator will be responsible for her own taxes. A 1099 form will be filed with the IRS and State. Payment to the illustrator will be made within five days of receipt from the publisher, whether monthly or quarterly.

Each party is under non-disclosure and will not share or communicate any part of the text and artwork without the expressed permission of the other.

In the event, that the author dies, the estate will be responsible for payment to the illustrator. The reverse is true, if the illustrator dies.

After publication date, neither party will have the right to release the copyright to another party without mutual expressed permission.
---------------------------------------------------------------------

Laugh at me but learn from my lesson. Never sign anything with royalties promise only. Ask for advice before you sign anything.

I want to ask about 1099 question. He keep asking me for my SSN to file 1099. As an individual, I don't think he can issues me a 1099 form. He mention if I refuse to give him my SSN, he won't give me the royalties as they arrived. But I don't trust him to give out my SSN. :rolleyes:

[Ebony-chan]

Has this guy provided you anything from the publisher as far as names,release dates and pay from the royalities?

Here's something you could work with.

"Each party is under non-disclosure and will not share or communicate any part of the text and artwork without the expressed permission of the other."

This person claims that they have a publisher. However you don't know who that publisher is, nor do you have the release date. If he won't tell you who the publisher is then how is he release the book with your permission?

Both parties must have a say in the project. I wish there was someone else here to help.

From what I can see here this guy isn't giving you a say in anything therefore you can't give permission to something you don't know about.

[paramnesia]

Concerning the 1099, like a W-2, it is used to report income you received or paid, correct? If he hasn't paid her anything yet, does he need her ss# and to file a 1099?

[Ebony-chan]

Here's some info on 1099 forms here. Basically an employer has to hire and pay a independent contractor in order to use this form.

http://en.wikipedia.org/wiki/IRS_Form_990

[pencilkiller]

Here's some info on 1099 forms here. Basically an employer has to hire and pay a independent contractor in order to use this form.

http://en.wikipedia.org/wiki/IRS_Form_990

Thanks Ebony-chan for the links. :) I also get some useful links from paramnesia that I want to share here too:

http://junewalkeronline.blogspot.com/search/label/1099s%20W2s%20W4s%20W9s
(http://junewalkeronline.blogspot.com/search/label/1099s%20W2s%20W4s%20W9s)

It is a good link for all freelance artists. Learns more and save some income tax from there too. :)

After reading those articles, I realizes if he becomes a business, he can issue me a 1099 from for he "business" expense. If he really print the book and get me over $10 of royalties. My choice is apply a Tax ID. That way I don't have to give him my SSN#. I think for every freelancer, it may be good idea to apply a Tax ID number just in case.

I do wish to learn and warning about all that in school, including the collaboration agreement and tax ID and how to deal with client professionally...so I don't have to pay a huge lesson fee to learn it now.

Anyway, I did signed that Sh*t 4 years ago, and had no one to blame but myself. Even though I had been take advantage for the whole time, I'm the one signed the agreement, and spend much love in it. I can't change my mind in the "contract" stand point of view and quit just because I hate this person that who did trick and lied to me the whole time. Sad, but I learned a lot of valuable lessons from it.

Be careful what you signed.

[J Wilson]

Both will have an equal say in making decisions for the book.

Sounds to me like he breached contract right there, if he actually did ANYTHING with the book.

There are some very strange notions in that contract. Such as the "Author" being responsible for production costs (stating $4-5k in costs), and then discussing money gotten from a publisher. Well, which is it? If you pay for the costs then you are self publishing and just need a distributor. If you are seeking a publisher THEY pay the printing costs and then pay you a fee or royalties. This to me sounds like he either didn't know what he was talking about, or he was trying to strong arm you into a better portion of any potential money claiming he was putting money in up front (or trying to bait you into offering him $2-3K to retain an equal ownership).

Basicly I wouldn't worry much about this from a legal stand point. That contract is thinner than the paper it was printed on, and he's broken it himself. Of course that only matters if actually does anything with it, which doesn't sound likely. Unfortunately you can't do anything with it either, so it's wasted time unfortunately.

Maybe YOU can claim breach of contract and at least get a chance to show your work off. He has claimed that he's already shown the work (presumably without your permission since you don't even know about any potential publisher), so you should be able to show the work as well.

At the very least, he can't do ANYTHING with the work without satisfying you in some way. The contract at least does say "Both will have an equal say in making decisions for the book," and you can withold any permission to do anything with the work until the contract is renegotiated into something more mutually satisfactory. If he denys renegotiation, then you bury the project so no one ever sees it.