What can I do about ...?
polycounter lvl 18
I recently applied for a job position at a studio that will remain nameless for now.
I created a design and the 'director' he liked my design and told me to create it in 3D.
I did that and after a while I was told to create designs based on descriptions for the other variation of ships.
He took up my time and repeatedly requested that I redesign the ship concept that he liked the first time. Go figure, so anyway I sent an e-mail and told him that I lost interest in working with the studio any further.
In the same e-mail I requested that he respect my copyright laws and refrain from using the material sent to him and that I would remove all material of the design plans for the online game he was creating.
Now the design I created is being used in his test/beta releases. Id rather not see my material distributed in any form and without credit where it is due.
What can I do?
Am I at fault for not having him sign a contract to respect my rights?
Help with any legal mumbo-jumbo would be great!
The design in question is this one:
I created a design and the 'director' he liked my design and told me to create it in 3D.
I did that and after a while I was told to create designs based on descriptions for the other variation of ships.
He took up my time and repeatedly requested that I redesign the ship concept that he liked the first time. Go figure, so anyway I sent an e-mail and told him that I lost interest in working with the studio any further.
In the same e-mail I requested that he respect my copyright laws and refrain from using the material sent to him and that I would remove all material of the design plans for the online game he was creating.
Now the design I created is being used in his test/beta releases. Id rather not see my material distributed in any form and without credit where it is due.
What can I do?
Am I at fault for not having him sign a contract to respect my rights?
Help with any legal mumbo-jumbo would be great!
The design in question is this one:
Replies
Just because he 'suggested' you make this ship doesn't mean it's 'his'.... I think.
E-mail him and tell him to stop using it, and throw in big scary words like "misappropriation" and the dreaded "litigation".
and throw in big scary words like "misappropriation"
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Misappropriation? Do you even know what that means? If he uses a word like that he's just going to sound like he has no idea what he's talking about, because this situation has nothing to do with the appropriation of anything. Words like "intellectual property" and "copyright infringement" would be more appropriate.
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Unless you were actaully paid for the work you did or signed a contact, the rights of ownership on that concept should be 100% yours.
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Actually, even if you're paid for the work, you still own the copyright unless you sign an agreement that says otherwise. Of course, you won't be able to sue them for using it since they did pay for it, but you're still free to use it yourself however you like (including selling it to other parties) unless you explicitly sign over the copyright. But that's why you almost always have to sign some sort of contract that states that this is "work for hire" and that the contractor retains exclusive rights to all the work you create. But hypothetically, if they don't make you sign a contract, they can't prevent you from selling the same piece of art to other people or using it in any other way, even if they pay you.
You might want to make back up copies of the disks with ALL of your stuff. Sketches, throw away files, anything that's digital with a date in it and then mail it to yourself, include the emails if you can. When you recieve it, don't open it. The post office will then have dated it and that can help proove approximate dates in relation to when you found out they were using your matierial. This is a trick a writer told me for ensuring that you can prove work you created was yours.
I believe this was a not for pay type of request gone bad and you don't want them using your ship design.
The 'director' is living in Hong Kong, I do not know about oversea laws.
Notman: I hope that is the case I could use some money!;)
Penzer: Yes, I do have plenty of e-mails from beginning to end. How lucky I was to keep them in fact I will be doing this more often. Thanks for the encouragement.
Dfacto: I hope I can prove to whom ever deals with my legal issues that I did create the design in question. I got my family and my significant other to back me up on that. Hope that's enough for them.
WhiteEagle: I would like to have credit, but most of all I would like to get payment on the work if they use it.
KeyserSoze: No exchange in contract or digital signature usage was done. So as you said the work should be 100% mine then he is copyright infringing my design.
orahlith: Check the bottom of this message for the 2nd last e-mail sent to the director. [ QUOTE ]
ask around and find out if someone knows someone who knows someone who could answer your questions
[/ QUOTE ] I will do that.
The mailing youre speaking of is snail mail!?! If so I have a lot to print out:).
Leech: Here is a line from an e-mail discussing payment:
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We will pay you $25 per finalized illustration- the first couple of assignments will be the various ships in the game
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I will Pm you the name but the studio is not known its new.
Hawken: I might do that, I have to double triple check my options.
2ND LAST E-MAIL:[ QUOTE ]
Sorry to hear that you've lost interest. Your concept will not be in-game nor used in any form at ***** **** from here on and after. Any models based on your concept will absolutely not be used in-game either.
That being said, the models belong solely to the modelers themselves and your concept also still valid to anybody that has previously seen it (since neither of us has signed any agreement and your work was not previously legally copyrighted). I believe we have the right to post our modelers work on our website.
I would prefer not to bring such issues into legal matters, but we could settle any discrepancies by such if we must.
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Thank for replying guys.
Any more comments on this matter is more than welcome.
Oh yea he distributed my design to other users, meaning people he planed to hire using my concept as there design test...
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and throw in big scary words like "misappropriation"
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Misappropriation? Do you even know what that means? If he uses a word like that he's just going to sound like he has no idea what he's talking about, because this situation has nothing to do with the appropriation of anything. Words like "intellectual property" and "copyright infringement" would be more appropriate.
A man took an artist's artwork and is using it for himself without having any right to it because he hasn't paid for it. He has therefore appropriated an asset and is using it illegally.
How does misappropriation not fit the bill?