Job art tests - possession of work question

Violet

Just wondering on the legalities of this.

I submitted an art test for a small studio earlier in the year - it was a fairly big test and took two weeks.
I saw one of their games recently and saw my actual very art test in one of their games.

I signed an NDA, but nowhere in the agreement does it state ownership or otherwise of these asset I sent off.

It's always difficult doing these things, even without having the bearing of doing what is free work in such an unethical way.

Thanks.

another caveman

I would recommend sending beauty shots only when doing these. Marmoset Viewer online could also be a way I guess.

May I ask what studio was involved?

Good luck with this industry..

Alex_J

Call em out! 

I have no idea if that is illegal or even uncommon, but you can't let people straight up steal your time and get away with it. 

Kwramm

> I saw one of their games recently and saw my actual very art test in one of their games.

NDA means you cannot tell (disclose) anything about their nature of work or anything that's not been released. NDA usually does not concern art test ownership. It could however be that you cannot show your asset, because you would be disclosing something, while still retaining ownership of the asset itself.

Unless it is explicitly stated that anything you do as part of an application process becomes their property, it is very bad practice of them to use your art asset. Especially when it's an unpaid art test. I would really question the legality of their actions. It's like the urban myth of the game studio that made a game with only art-test art.

poopipe

Get in contact and ask if they're willing to pay for the work. They might well say yes. 

I'd advise against publicly naming them until they've had a chance to resolve the issue - it could easily be a slip up. 

Violet

Believe it or not, I've been in the industry since 1996, art tests are a pain in the ass, I just refuse to do them anymore if they're offered.
I won't  name the company until I've contacted them, I have no qualms about doing so though.

sprunghunt

Unless a company pays me to do an art test I own the assets I make for them. I've never seen any company actually try to claim ownership to an art test either. 

The only exception is that if the art test is based off a concept that is specific to the game the studio is hiring for. In which case they clearly own the design and I don't have as many rights to the asset. But I'd still assume they'd have to pay me if they wanted to use it. 

Goat Justice

I am no expert, but my general understanding was that (in the USA) an artist owns their work unless they are an employee working within the scope of their employment or an independent contractor working under a "work for hire" agreement. There may be caveats to this that I am not aware of though. 

https://en.wikipedia.org/wiki/Work_for_hire

sacboi

In my region laws exist pertaining to the ownership/copyright and moral rights issues for visual artists effecting their work:

https://www.artslaw.com.au/legal/raw-law/legal-information-for-visual-artists 

On that basis I would suggest research (...if not already done so) those rights governing an artist's own content where you live but also seek clarification via the studio as to why your test output was published without documented consent because in my experience opening a dialogue is typically a less expensive avenue prior to taking the matter further if deemed worthwhile.         

Biomag

Typically using copyrighted work without permission comes with a fine being 4x the regular rate or the actual cost of the damage caused, whatever is higher. It depends on the local law and all, but that is the norm in many countries. Now the only question is if you gave them permission to use it anywhere in some oral or written agreement you had with them. I don't think they could make the case that is a typical practice in this industry to get the ownership of the art test result as well as the rights to use it in their product - but they could make that claim.

But honestly you should consult a lawyer to get a proper answer based on the laws that will apply to your case if they don't take it out or pay you.