Owning the rights to a model as a freelancer?
polycounter lvl 9
I have a question about freelancing.
Let's say you did a 3d model for a client... an AK-47, photorealistic.
I've heard of freelancers still owning the rights to part of the model.
For example, I would deliver the completed textured model to the client.
But I would still own the rights to the 3d Mesh, just not the completed model with textures.
I could then re-sell the AK 47 model on a site like the Unity Store. (with new, different textures)
Of course, I would have to work this out with the client and probably charge less; right?
Has anybody done this before or something similar to this as a freelancer?
Let's say you did a 3d model for a client... an AK-47, photorealistic.
I've heard of freelancers still owning the rights to part of the model.
For example, I would deliver the completed textured model to the client.
But I would still own the rights to the 3d Mesh, just not the completed model with textures.
I could then re-sell the AK 47 model on a site like the Unity Store. (with new, different textures)
Of course, I would have to work this out with the client and probably charge less; right?
Has anybody done this before or something similar to this as a freelancer?
Replies
When making something, whether you are freelancing or doing studio work, you are selling your assets and the rights to those assets to your employer/client. They're also specifically paying you to create something that will not be seen in a dozen indie titles.
But, if I own the rights to say just the 3d mesh, not the textures...then I could reduce my fees, but have more flexibility with the assets I make...
I've heard of people doing this before, I just can't find the thread that talks about it... I might have read about it on CGTalk...
Don't sell yourself short and try and offer them a discount to retain the rights to your model. Because you still have to do all of the original work with textures and then you're going to give them a discount so that you can re-do the textures (more work) for just a possibility to sell the asset again at a fraction of the price?
I would just charge individual clients the full cost of creating the asset for a more guaranteed payment and be done with it.
Create separate work for online stores if you still feel inclined.
I get where you're coming from, I just don't think that doing more work for less money is the way to go about it.
I think the more practical solution would be to offer a discount for non-exclusive rights. I've seen that kind of solution work in other areas of freelancing outside of games. But again, I don't think most "serious" clients would be up for that. But I could be wrong? Maybe Indies?
Either way make sure there is an actual contract in place to cover yourself. Also make sure that both you and the client have a clear understanding of what the terms are before anything is agreed upon.
If you use something that you previously created, such as substance graphs for instance, then they remain yours to re-use on other projects, sell, etc...
Checkout contract clause key words: "exclusivity", "non-exclusivity", "duration"
And if you're using your client's contract WATCHOUT for clauses that states "electronic rights". Stay away OR make sure you understand the consequences of agreeing to such terms.
If there are no contract obligations, legally if you're work for hire you can only fair use your art (which your client paid for) for self-promotion use.
Alternative to a work for hire arrangement is you license your model(s). Set fee for a specified period and use.
What are the consequences of agreeing to "electronic rights?"
I'm not sure what that means.
As to your original question, it really depends on how your contract was worded for the AK47 work. If you have no contract, I'd say the final product is your clients, but the working files are yours. However, you should really talk to your client, first.
Do any of you have links to some generic contracts that you typically use as a freelancer?
It's a way to trick you into allowing them to re-sell your model without additional compensation to you (like royalties or additional licensing fees).
So, for example, they say the art you workd on is for one game use only but later on you see it being sold in an asset store or they're pumping out 3d prints out the file. And that wasn't part of the original deal. You're gonna lose in arbitration court if you actually signed the contract with such vague clause.
Re: contracts. Just do a forum search for template suggestions.
For example, I have finished too many contracts, and the client, as much... has the unique right of use of one rendered image (typical on advertising projects). The source files belongs to me, the author. I could render several images and the client could not use them legally
If a client wants source files, they MUST pay much much more (that implies base meshes, and work they can re-use).
Don't forget that as a freelancer, you must be able to showcase your work. Don't sign contracts with evil people/companies.
Yup.
You gotta balance your requirements versus business opportunities. In other words, you don't want to freak out a client by appearing high maintenance with contract stuff.
If you're just gonna model generic stuff, like crates. And the volume is pretty good and there's a deposit, just take the money :thumbup:
My personal approach anyway.
And if they break the contract terms, you have the green light to re-sell your model too.
I have another question; how do you guys go about finding clients in games?
Do you just contact art directors at game companies?
Do they end up contacting you?
http://wiki.polycount.com/wiki/Game_Industry#Job_Searching
http://wiki.polycount.com/wiki/Freelance
Here's the GAG book mentioned before, really worth a read.
http://www.graphicartistsguild.org/handbook/
They discourage work-for-hire since it reduces the artist's ability to be compensated for their work. However in game art freelancing, negotiating specific rights is almost non-existent. It's all work-for-hire. Regardless of this fact, this book is extremely valuable. Highly recommended.
I heard some freelancers charge a lot extra for source files because it means they can iterate on your models without hiring you to do more work, or they could hire someone cheaper.
There still are ways to make addtinal money, I work mostly with game code these days and have been doing mobile game contracts using unity. So my client owns the right to what I am writing while on contract for them. But how I make addtinal money us by on my I own time I make my own tools and libraries that I use in multiple contracts to save time, which in the contract it is clear that those libraries belong to me.
This helps since I can use prior work in contracts to complete jobs faster and because I'm in the process of documeanting and getting ready to sell thsese tools in the asset store.
As a artist you could do similar things with various blueprints and material functions you use to help yourself, base meshes, pre built materials in substance or ddo, or even particles you ship with it.
Edit:
Also photoresltic ak47 is a bad exemple most small studios rather just buy one than have it made since that is a much better use of money and time for what can easily be found already made at good quality. Unless their game requires it to have certain modifications good example of that would be metro 2033 since it required the user to be able to visually see the amount of bullets in a mag.