Re: FLASH: Giving out source files

[David Gary]

"Russell E. Unger" wrote:


> Quick and simple answer for you (and the rule I go by):

>

> When it's paid for, it is theirs.  No real bargaining chip beyond that, ya know?

>

> Russ

>


Hiya Flashers,


With all due respect Russ, that is not a professional answer. Rights to use the

artwork are

different than rights to revise the artwork in the future. FLA files will give a

client the

ability to do do just that, passing them on to another firm to "update" the

animation's

or artwork. This can cause libel rights lawsuits among artists and their clients(A

bad way to do business if you ask me)

This is what contracts are for and it should be specifically outlined in the

contract as to what rights the client

has to the artwork. By default the freelance artist or firm that creates the artwork

owns the copyright unless

he/they are contracted for "work for hire". "Work for hire" practices are

discouraged by the freelance community.

This is why new comers to this biz need to educate themselves before doing business.


There are 3 major usage rights :


1.unlimited rights

2.exclusive unlimited rights.

3.buyout.(usually discouraged)


Any artwork you do, you automatically own copyright. New comers here need to

understand that,

when commissioned you dont sell you're artwork, you sell the "rights" to _use_  your

artwork, regardless

of the fact that it is a commissioned logo created for another company's brand.

"So-called" professional freelance artists

are popping out of the woodwork since the internet started and they're cutting this

industrys' throat by not

educating themselves.


I advise anyone charging other people to create artwork, animations, or whatever,

goto http://www.gag.org

to educate yourself and keep the integrity of our profession.


(No, I dont work for them, I do support the industry however)


-DG-


_______________________


-David Gary-

Interactive Producer/Designer

http://www.davidgarystudios.com

dgarystudiosmpinet [dot] net (mailto:dgarystudiosmpinet [dot] net)

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