View Full Version : 3D artist contract?
09-17-2012, 06:48 AM
I have an artist doing my 3 D that is well known in the area. They presented me with a contract yesterday that says something to the effect that they retain the rights to the artwork they do for me. I can use it as much as I want, but they own it, I was a bit taken back. What do you guys think? Have you ever heard of such a thing?
09-17-2012, 10:05 AM
All this means is that if you were to come up with some revenue stream from his images, he would like to be involved financially. Like if the images become headers for people's websites that are making them money or you actually sell the work you only paid a couple hundred dollars for and get $150,000 and he hears about it, he is going to want a cut.
In the art world they may sell a painting for $150 but then it becomes a magazine cover or book cover and even if it was painted on a brick wall is considered the artists work.
The bottom line is that if it is in a haunted house it isn't going to make any publishing money or be cosidered worth lots of money or kept in pristine condition.
If it came down to selling the walls or what ever later, he could certainly make a bid on it in competition with who ever is going to buy it. Since he may own the paint strokes but didn't pay for the walls. In general the dude has perhaps read too many articles in the artist journal about how to make money with your work. In reality in order to really become someone and have a demand to begin with it has to get out there and each peice is like having a billboard or an artifact that someone wants to know who did that. Or it is crap no one cares about. Like 50 years from now his other stuff might be really popular and everything he does is scooped up for $12,000 a shot? So what you have is worth something 50 years from now? Not likely. Ot it becomes an iconic image for the entire industry? Like to see that.
Maybe 30 years ago I made some forms like that and they are still in the folder in my file cabinets, never issued a single one despite the art journal said this is what people do. If you are really good and prolific, things get stashed in people;s homes and dens and maybe 3 people a year see them and aren't paying anything.
Now if some other "artist" pretty much copied the work and went to town marketing putting this same design on every wall he could find for $5,000 a pop, he could control that. So it isn't an attack on you necessarilly, it is him years later being able to recognize his work somehow went on to make money he didn't know how to do.
Still if it is being done for a haunted house, it isn't really being paid for at the proper rate to begin with. Fine art can pay $175 per square foot and haunted houses throw up if you mention $5 per square foot and usually weasel it down to $1 per square foot and it just depends on whether you have a sandwich coming or not that week. Forms from kinkos without an agent, a staff reviewing every auction, actually filing copywrite registrations and such, amount to nothing.
As a result, I will sign anything. I will sign your vacation forms too even though I don't even know who your employer is. There actually has to be some money that was generated or it didn't happen. At some point they need to pay you for your time for any false inquiries they made. It is all hopefull bullshit. Working too cheap and should really only be focused on am I actually going to get paid now for the labor involved with out too much hassle.
Watch the completion of the work and the lack of photo documentation of the finished work and you will see it is all just what are your intentions kind of thinking. There is enough to worry about, there it is, do you like it? Do you have my money? Haunted houses are very good at coming up with all sorts if uncompensated activities when it comes to artwork. Even if some image goes crazy viral you might see a $5 total value and it would cost you $1500 to chase that $5.
09-17-2012, 10:19 AM
You need to get this artist to sign an agreement to notify you by certified method when he dies so you can cash in for his estate. But that only happens after he dies, you call American Pickers 75 years from now and they pay $4,000 for it. Of course by then American Pickers are dead too so how does that work? Plus it is a post appocolytic world where the artwork is exchanged for chickens or something. Sign here. We need a copy of your biograpy, a blood sample, a photo copy of your organ donor card (you kidneys might be worth more than this 3D crap that is going to fade out in a year)
I'm just sayin.
Dark Tiki Studios
09-17-2012, 11:30 PM
"...exchanged for chickens...". Classic!!
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