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who retains rights to intellectual property
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who retains rights to intellectual property // Roundtable
Post by Nephos // Aug 30, 2006, 3:35pm
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Nephos
Total Posts: 59
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If you're designing a 3D model for product design for a client, who retains rights to the model--the client or the designer? Is the client paying for rights to the model, or solely reproduction of it in 2D form? |
Post by Steinie // Aug 30, 2006, 3:47pm
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Steinie
Total Posts: 3667
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First read this:
http://www.ivanhoffman.com/digital.html
Second write up an agreement that both parties sign. This will establish ownership. There are premade agreements sold at stationary stores etc. you can buy.
Establishing ownership and rights early clears any misunderstandings later. Will you retain rights of the 3d rendering and they own the rights to the actual product? Can they use your design in advertising without compensating you? All this should be discussed early in the agreement. |
Post by Délé // Aug 30, 2006, 4:12pm
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Délé
Total Posts: 1374
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I agree, it's definitely always good practice to establish ownership in writing with a client. As far as I've always understood it, the "creator" of the work is supposed to be the owner by default though (unless otherwise specified in writing). |
Post by frank // Aug 30, 2006, 4:53pm
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frank
Total Posts: 709
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My wife and I are getting a timber frame house built later in the year. The way the house-plan ownership works is that the designer has the copyright on the plans but they are licensed to us for use.
Just wanted to throw that in there as it's another way it can be handled. |
Post by Burnart // Aug 30, 2006, 5:57pm
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Burnart
Total Posts: 839
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Having an agreement up front on this kind of thing is always a good idea. In my real world job I work as a cartographer and our map data is our bread and butter. We NEVER sell our data we just license its use. That use forms the content of the agreement with the client but we make it clear up front they do not own the data we supply regardless of whether it is in physical (printed map) or digital form (gif, pdf etc).
I can imagine that an agreement with a client re. ownership of a model could include such clauses as although you the designer retain the ownership of the mesh you may agree to not using it in the same colour scheme or with the same uv maps or whatever. That is put some riders on there so the client can feel they are getting something more than just the final product. How about a clause where you agree not to use it in other work for a period of time - ie. a year. |
Post by chrono // Aug 30, 2006, 6:58pm
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chrono
Total Posts: 0
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If you're designing a 3D model for product design for a client, who retains rights to the model--the client or the designer? Is the client paying for rights to the model, or solely reproduction of it in 2D form?
The person who drew the design first has IC rights on it, while the 3D model is required to be credited to it's builder. But if the product was bought buy the client ALL the 3D material is required to be sent to the client and permanently removed from the builders computer, unless it contractually states otherwise. And then the builder must request permission for it's usage in thier porfolio.
Also Intellectual Copyright can not be sold nor bought, only normal Copyrighted products can. |
Post by Rareth // Aug 31, 2006, 3:42am
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Rareth
Total Posts: 149
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This is the point you go talk to a lawyer and find out what the law states for this kind of thing. |
Post by Nephos // Aug 31, 2006, 9:47am
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Nephos
Total Posts: 59
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Thank you all who have contributed here. I wanted to make sure I got that squared away in contract before I got started. Now the fun begins :D
Nephos |
Post by Burnart // Aug 31, 2006, 12:55pm
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Burnart
Total Posts: 839
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I for one would be interested to know how this works out for you. Get back to us with a general outline of the eventual agreement it could be really useful. Good luck! |
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