Freelancing and dealing with a well known IP and proprietary rights
Hi guys,
I'm seeking some advice and was wondering if any of the other freelancers on the forums have had similar experience and how you dealt with it. And if not, just what you think of this kind of work in general.
This is an issue that's popped up a few times for me. Freelance inquiries that involved creating characters/content from stories that were not unique IPs. Generally well known series/movies/games. These were paid offers and I live in the U.S.
Here's a hypothetical situation just to use as an example:
Client wants to make a Star Wars game. Client asks me if I can make a Wookie character. It won't look like Chewbacca, no bandolier or laser crossbow. He'll have a leather pilot helmet, and other accessories to distinguish him as a unique character. But just like Chewie, he'll be hairy, a similar brown color, and will still be called a Wookie.
Would this be infringing on copyright or proprietary rights owned by a company like Disney if the Client didn't have the rights to make the game from them? And more specifically, by me accepting the contract and acting as the freelancer making the artwork based on the ideas owned by another company, make me the one responsible for the infringement?
I've wondered about this for awhile now. Could anyone could shed some light on this?
I'm seeking some advice and was wondering if any of the other freelancers on the forums have had similar experience and how you dealt with it. And if not, just what you think of this kind of work in general.
This is an issue that's popped up a few times for me. Freelance inquiries that involved creating characters/content from stories that were not unique IPs. Generally well known series/movies/games. These were paid offers and I live in the U.S.
Here's a hypothetical situation just to use as an example:
Client wants to make a Star Wars game. Client asks me if I can make a Wookie character. It won't look like Chewbacca, no bandolier or laser crossbow. He'll have a leather pilot helmet, and other accessories to distinguish him as a unique character. But just like Chewie, he'll be hairy, a similar brown color, and will still be called a Wookie.
Would this be infringing on copyright or proprietary rights owned by a company like Disney if the Client didn't have the rights to make the game from them? And more specifically, by me accepting the contract and acting as the freelancer making the artwork based on the ideas owned by another company, make me the one responsible for the infringement?
I've wondered about this for awhile now. Could anyone could shed some light on this?
Replies
My guess is that YOU would not be in trouble, since you are not making the infringing product...you are just working on it.
i wouldn't count on the work being particularly long term though.
https://en.wikipedia.org/wiki/Work_for_hire
In any-case CYA. Make sure it's 100% clear in your contract that any and all legal pitfalls arising from the work are the responsibility of the person who commissioned it.
Lucas was always great about fan-created material..It will be interesting to see how well Disney will handle it
The contract has to specify that it's work for hire, otherwise the creator retains the rights (in the US at least).
"there must be a written agreement between the parties specifying that the work is a work made for hire"
I'm not sure what that means for copyright infringement lawsuits
Just to be clear - something I didn't mention in my post and should've - is that I already contacted my lawyer about it. He hasn't gotten back to me yet. I'll obviously put a lot of weight on his suggestions, but in the meantime I figured I'd see if any other freelancers had dealt with similar work requests.
Ah ok, very interesting regarding the work for hire. It seems like it's a gray area (to me). But I suppose adding a clause like "legal pitfalls arising from the work are responsibility of the person who commissioned it" would help protect me.
My current contract states all the work I create is original and does not infringe upon, copyright, right of privacy, proprietary right, right publicity, etc. Seems like to me that bit would have to be edited to reflect the Work for hire mentality above, and just wasn't sure if that was legal or not.
Also for those curious, my lawyer got back to me about my questions. He said as long as I had something called an "indemnity clause" in my contract I'd be fine. Which is essentially the same "work for hire" sentiments you guys have been saying here. I found out the client offering the particular work I'm talking about does have the rights to use the IP. But just to be safe, my lawyer also recommended I set up an LLC.
So anyway, thanks all for the tips and suggestions. It's been much appreciated!