When a developer uses one of your repaints in the product

[jdwgraf]

Just a question for all painters here .

 

As the title says , If a developer uses one of your repaints in the product ( DVD , download ) , having asked for permission to do so , would you expect to get paid for it ? Same applies to a mention in the product manual .

 

John Glanville

[JSkorna]

Only if I had arranged said payment when giving the permission to use the repaint.

[Nels_Anderson]

When you gave them permission, whether you get paid or not would depend on what agreement you made with them.

[jdwgraf]

My mistake was to give permission without asking / demanding anything in return . This was a first time ( and probably last ) for me , so definitely a learning moment . I would have been happy enough with my name mentioned in the manual , something I thought would be done without asking for it . Again . lesson learned .

 

John

[okdaley]

Hi John:

 

Please let me share this idea with you. Consider . . -> your talents are in demand. Why not author a proforma agreement that you can provide to those that in the future solicit your work. It can be pro-bono until it does make money. You can also clearly identify the attribution that you expect. If what you finally agree upon is not respected in subsequent product development, you also have recourse -

 

btw: if you like making cars, please let me know !

 

Best Regards,

 

OKD -

[jdwgraf]

The only drawback ( for me ) is when getting paid for a paint the customer will always expect ( demand ) more and constantly ask " when will it be ready ? "

With the developer in question I have some 230+ paints there but the situation has deteriorated to a level where I am now in the process of having all uploads removed . Not an option I was considering but due to the actions of other forum members have left me no choice . Uploading elsewhere due to the sheer number is not something I want to consider at this time but at least the trolls will be happy .

Painting is foremost a hobby , if I expected to make money out of it I would have starved to death years ago !

 

John

[tvieno]

In the US, any artwork you create belongs to you. While the work you have done is not museum quality (maybe it is?) but it is art. With that being said, it is copyrighted to you, unless they paid for you to create it for them. I don't know how that would work for you if it was just a request and not paid for.

 

 

"Works created on or after January 1, 1978: A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of the artist plus an additional 70 years after the artist's death."

 

However,... "In the case of works “made for hire”, where an artist has created the work while in his/her capacity of employee, the employer and not the employee is considered to be the author and copyright holder. Where a work was created jointly by more than one artist, the authors of a joint work are all co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of each contribution."

 

ARTISTS RIGHTS SOCIETY

http://www.arsny.com/copyright-basics/

[jdwgraf]

Well , it seems that the developer came up with a solution all by himself , livery will be removed from the next product upgrade . They will however add a disclaimer in the manual that the livery ( now removed ) was created by ... Where's the logic in that ? Guilty conscience maybe ?

 

At the same time a member of staff deleted all of my paints from this airline ( some 30+ liveries ) without being asked to do so , or actually informing me of his actions . They did post that all my liveries were removed but when I checked it seemed that they had ( at that time ) not done so as I had more than 230 uploads there . I only discovered this after my first posts here . The only problem there is that they were a joint project with another painter , who also never requested such an action . This is the reason why I now asked / demanded that ALL liveries be removed with immediate effect . Funnily enough after removing some without asking , they have now not done so when I DID ask .

Well aware that it is their server but to deny their use to other forum members seems an overreaction on their part . There were more than 22000 downloads of these liveries so were popular enough .

Unfortunately ( for me ) several keyboard warriors decided to start downvoting anything I posted even when I stated that I had no intention of removing any liveries at all . Having been actively making these liveries since 2010 and uploading there , that's it , I'm done .

 

There is no copyright issue with these liveries as they were made with the full cooperation of the airline itself , something that does not happen very often .

 

John