SeLogan
August 12th, 2011, 09:46 AM
Nevermind. I've decided not to go with royalties--they're too complicated, and they're not what I'm really after. Credit and some sort of compensation for the art I produce before he starts making money is all I need. Feel free to disregard all I said below! I'll delete this if I ever get around to it...
Hey all,
I am in the process of negotiating and revising a contract that will hopefully put me in my first art-related job ever. It has not been signed yet, so I can still try to make any changes I might want.
I was contacted through DeviantArt in early August by the guy who wants to hire me. Like countless others, he wants to create a game (in this case, an MMO with what he says is a "unique pull factor and storyline"), and he says he won't be able to pay me until a certain amount of subscribers have created and maintained accounts. What seems to set him apart from other wannabe game developers is his professionalism, his willingness & ability to answer the many questions I have about his development plan & the contract he provided, the fact that he actually provided me with a legitimate contract, and the forum he created specifically for the creation of his game. If all goes well with the contract negotiations, I plan sign it and begin to produce artwork for him in my spare time. (I will be starting college in about a week, and I will be working towards a major in Studio Art.) While I am not certain that the game will be a success, I still welcome the opportunity for any experience I can get.
As far as the actual contract goes, the section I’m having the most trouble with has to do with intellectual property. He wants full ownership and control of ALL the work I produce for him, whether it is used in the final product or not. I do not want to sign the copyrights for my work over to him until he makes me a full employee, which won’t happen for several years if everything progresses as planned. I want protection and full access to my work if anything goes wrong—especially if the game is never finished.
Here’s my main question for you guys: would it be appropriate for me to request that I receive royalties for any and all artwork he decides to use? (Be it website promotions or an actual character that people encounter or play as in the game, it’d be nice to receive a small portion of the profits related to my work and I would feel more comfortable working for him in the first place.) And if so, how can I go about requesting it or writing it into the contract? What percentage would be appropriate?
I also want to know if you think it’s even worth trying to negotiate in the first place. If it is, and the negotiations don’t work out, should I say no to signing the contract?
Thanks in advance for taking the time to share your advice—I’ve been searching all day on topics like this, and I haven’t found anything! I really appreciate it.
Hey all,
I am in the process of negotiating and revising a contract that will hopefully put me in my first art-related job ever. It has not been signed yet, so I can still try to make any changes I might want.
I was contacted through DeviantArt in early August by the guy who wants to hire me. Like countless others, he wants to create a game (in this case, an MMO with what he says is a "unique pull factor and storyline"), and he says he won't be able to pay me until a certain amount of subscribers have created and maintained accounts. What seems to set him apart from other wannabe game developers is his professionalism, his willingness & ability to answer the many questions I have about his development plan & the contract he provided, the fact that he actually provided me with a legitimate contract, and the forum he created specifically for the creation of his game. If all goes well with the contract negotiations, I plan sign it and begin to produce artwork for him in my spare time. (I will be starting college in about a week, and I will be working towards a major in Studio Art.) While I am not certain that the game will be a success, I still welcome the opportunity for any experience I can get.
As far as the actual contract goes, the section I’m having the most trouble with has to do with intellectual property. He wants full ownership and control of ALL the work I produce for him, whether it is used in the final product or not. I do not want to sign the copyrights for my work over to him until he makes me a full employee, which won’t happen for several years if everything progresses as planned. I want protection and full access to my work if anything goes wrong—especially if the game is never finished.
Here’s my main question for you guys: would it be appropriate for me to request that I receive royalties for any and all artwork he decides to use? (Be it website promotions or an actual character that people encounter or play as in the game, it’d be nice to receive a small portion of the profits related to my work and I would feel more comfortable working for him in the first place.) And if so, how can I go about requesting it or writing it into the contract? What percentage would be appropriate?
I also want to know if you think it’s even worth trying to negotiate in the first place. If it is, and the negotiations don’t work out, should I say no to signing the contract?
Thanks in advance for taking the time to share your advice—I’ve been searching all day on topics like this, and I haven’t found anything! I really appreciate it.