Artist's rights to credit?
Hey guys, long story short, what are the artist's legal rights to accurate credit for work performed on a project?
I hear a lot about 'moral rights' or what SHOULD be an artist's rights to credit, but can't find anything specific about actual legal rights that would prevent a company from denying an artist full and accurate credit for work done while hired.
And in case it makes a difference, I'm talking about Canada.
I hear a lot about 'moral rights' or what SHOULD be an artist's rights to credit, but can't find anything specific about actual legal rights that would prevent a company from denying an artist full and accurate credit for work done while hired.
And in case it makes a difference, I'm talking about Canada.
Replies
There are also verbal agreements which can carry some weight.
I guess I would have to say it would depend on the specifics. I don't think an artist has any inherent rights what so ever though. It really is a question of who the copyright holder is not who created it.
There is tons and tons of work in many films, for example, that goes un-credited. Usually the people who make it into the credits are only there because some piece of paper said they would be before hand.
I suppose it pertains to artists in general, and like I said if someone else paid for the work I don't know that the creator as any right, unless its part of the initial agreement.
I also found this: http://books.google.com/books?id=rLxPmCGnaSgC&pg=PA161&lpg=PA161&dq=artist+right+to+credit&source=bl&ots=fEpmAlW_VJ&sig=xMYSbd8Y1WLWDz2pQqgKGoR7gig&hl=en&ei=CK2USsKULYe6NYas1PkH&sa=X&oi=book_result&ct=result&resnum=3#v=onepage&q=artist%20right%20to%20credit&f=false
That basically re-iterates what I was saying, that the agreement to be given credit is on a per project basis and that there are no general laws on the issue. It's not the creator of the work, but the owner of the work that matters.
They are required to verify you worked there if contacted by someone looking to hire you. I'm not sure if it's the same for freelance work.
As for who has the rights to display what, that's a huge legal quagmire. Most places don't want anything leaked, rightfully so, but after shipping a title are normally pretty free about letting artists display their work within guidelines. Sometimes watermarked or texture sheets can't be shown bla bla bla...
I never saw an industry more ripe for unionization. They're so asking for it on so many levels. Nobody will be happy after that, unions always end up hurting both sides far as I know. Seems they eventually just become the bureaucratic monster they were put in place to control.
Ok here's a followup question. Someone mentioned they are legally obliged to confirm employment if asked. Doesn't that extend to include the duties performed while employed? Or does that legal obligation stop at just confirming that you worked there?
Yeah, for good reason too. Say you were working on something unannounced, that's why the law stops there.
Aping movie credits gives games a sense of validity and serves to connect them to a media that most viewers have some respect for. They've also just kind of become expected at the end of any media as a sort of emotional padding and secondary reward. Grand music plays reminding the viewer of all the awesome parts of the game/media while a whole list of people who slaved to bring it to you scrolls past.
They're not required though, some don't even have them. When you finish a quest in an MMO you don't get spammed with "This quest written by John Doe. Special thanks to spot whose likeness was used for the beagle model." and obviously MMO's don't have endings for credits to go after. If there is a credit roll though it seems only natural to expect to be included assuming you're not just the Office Bitch or something (and even those will often get a humorous write-up). More information would be nice.
I have the utmost respect for how Valve does their credits; alphabetical order, no titles. Even Gabe Newell, the founder of the company, falls in the credits between "M" and "O." Everyone on the team is equally important so no need for the egos of having a title in front of your name and/or top billing.
Also, IW, in the beginning of COD4 did the same.
And yea, I really like the idea behind alphabetical order and Valves cooperate structure, but I like knowing who did what. I'll sometimes look to see if people have sites or personal work up anywhere and a big list of names makes that a little tough, meh...
Makes it a bit harder if you don't know who the Lead 3d guy was on title "X" or whatever.
Personally I have a feeling that Valve doesn't need to counter head hunters. It seems the employees are very loyal to the company and its run in such a way that they really would have a hard time finding that some place else. I think that would make it hard to cherry pick. The added layer of protection is more or less a poke in the eye and a reminder of that I guess, ha.
Aren't there a lot of laws around preventing employers from influencing or lying in matters of employment reference?
Same question I had once, and told and pwned by Tom B. Thats its not what IDGA was formed for, and if Im so into it, how should I start it?
Like I said pwned, and rightfully so. Someone could spend all their time trying to get a union together and such, but then, never do what they wanted to do in the first place. Personally, I think the best (and actually may be better option) we can hope for is co-op/member/employee owned studios.
If they fail to credit you, and even if they do, put the art in your portfolio after they release their product. It's much more powerful and useful than an uninformative credit.