Question about rights

[kbarrett]

I'm in the process of developing a ccg called Mage Warfare. (http://www.magewarfare.com) Since I'm new at this, I'm trying to get some info on rights to the artwork. Seems to me the company would own the copyright to the art, but what about artists selling prints or publishing art books? How does all that work? We wouldn't mind that sort of thing; so long as it doesn't interfere with the sales of our game. Might even help. I'm just not sure how that works contractually. Can anybody help with this?
Thanks

[dfacto]

If you do the artwork in the employ of a company, and you do it for them, then they own the artwork because they are eessentially paying you for the rights. Aside from that I can't answer you question. I think one of the pros on the board will have to take care of that.

I think you should clear up the situation a bit more. You are working for yourself, or for a company? And you want to use the game art for more than one pupose, correct?

[kbarrett]

Actually, I'm the game company, not the artist. I assumed the art would be done as "Work for Hire" and that we would own the rights. The boilerplate contract I found in a book (published by Nolo) was very explicit about owning all rights. But what it didn't allow for (as far as I can tell) is for artists to sell prints at cons or to put out a collection of their art that might include their work for us.

I know that in fiction, there are rights such as "First North American Serial". Are similarly delineated rights for artwork? It's my understanding that Magic lets artists sell prints. How does that work?

Sorry for the lack of clarity. I hope that helps.

[dfacto]

Well in that case I think it all boils down to permission. You are paying the artist for his work, then it therefore belongs to you as a whole, unless the contract is such as to change this.

If not then he can only sell the art legally if you give him permission.

[kbarrett]

Right, but the problem I'm having is how to handle this in a contract. Is there a right that I can grant them as part of our contract, or does the artist have to ask each time they want to, say, sell prints at a con? That seems like a pain for everyone involved.

[dfacto]

Oy. I don't know that one.:(

But maybe try asking over at cgtalk.com. They discuss things like this all the time and I am sure you can get lots of answers there.

[nil]

if i was you, i would invest in consulting a lawyer who specializes in this kind of thing. youll probly be saving yourself time and money in the long run. in fact, i wouldnt be taking legal advice from anyone but a lawyer (no offense dfacto.)

[dfacto]

None taken nil, thats good advice.

[kbarrett]

It is good advice. The problem is money. We will have funding available to produce the cards, but it's limited both in dollar amount and what it can be used for - production only. So a lawyer consultation would have to come out of my pocket. I've tried agencies that provide free legal consultations, but they don't allow for this kind of thing. There is a lawyer I know who is willing to go over an existing contract for free, but to have him create one, I'd have to pay. So, if I can get some more info, I can put together a draft for him to look at before I send it out.

[dfacto]

In that case go to cgtalk.com and ask them. They know more about this stuff.