A question for Artist contracted for work..

Hi Everyone,

(Dips my toes in to the forums and wonders what the temp)

Firstly this is my first time swimming in the waters of these forums so I hope I am given a life vest and surrounded by those I could get an answer as this might help even those doing work in SL..

Last year I was asked by a friend to do a design for a organization she is a member of locally. I made up a contract and gave her a considerate discount cause she is a friend.

Well I guess the design was so popular that it caught the attention of this same organization in another state and they want the design, an angel, on a pin, for their place also.

So my question is this.. Shouldn't I be paid for them using my design for their pins, just the same as my friends' organization paid me for the contracted design or because the two organizations are the same I'm out of luck. I don't want to seem petty or greedy about money but if I should be paid, should I make up a contract.

Thank you for your time,
(floats in the waters of the forum, awaiting an answer)
Lunna

Well this is a legal question not so much a Second Life question. You are talking about a real life usage, right?

But just in general I'd say read your contract. Did it give them unlimited rights or limited rights? Without seeing the contract (and I'm not asking: we don't have their permission), it's pretty hard to reply.

Welcome to the forums.
Like the previous posting said, without knowing the details to the contract hard to say. Also you should be wary of any free advice. But if the contract was very exact on who and how it was to be used, ie. Norway Chapter of the Gor Society my use this as oppose to the Gor Society may use this you might be O.K.
Have you even asked for some monetary compensation yet? Depending on how much you ask they may just pay you even if they think they already have a right to use it.

Thank you for replying..

I'm sorry I didn't make this more clear that it was a real life organization, but I also thought this would help those here in SL.

I wrote up the contract personally and as I did make it up on my computer and not follow a set contract per say, I did not included unlimited rights or limited rights, but I did include that the design itself was still my design so I guess that is limited rights and I still have control over the design.

Thank you for helping me become more clear on this issue.

(realizes the waters may be a little cold and decides to not swim on further)

Lunna

Lunna, post away - I wasn't telling you not to do so.

Was just saying that sometimes it comes down to wording. This type of thing is why some contracts are pages and pages long.

Have you asked them not to do it? I guess I am unsure what the question is.

I'm not a lawyer.

This does sound like you do have some rights, though it might be muddied by not having anything specific on usage. May I suggest going to your local bookstore and looking for the Graphic Artists Guild Handbook on Pricing and Ethical Guidelines? That might save you a lot of trouble.

I'm a graphic designer in England UK. I would inform them that they are using a design of mine without permission and start discussions regarding payment, if they are pleasant I would charge something that is fair, if they are obnoxious, I'd get some basic legal advice and start a small courts claim against them for a specified amount, not sure if you have something similar to a small courts claim, but I guess you will have.

Is it the exact same design or are they just going to use a similar idea? Have seen many angels on pins.

Details matter - but if you haven't discussed it with them, yet, I would begin there.

Hi Lunna,

I've been in this situation before. You were quite clear in your mind when you wrote that contract that you were creating something for the local organization. Kudos to you for doing such a great job that it is attracting national attention.

Of course you are to be reimbursed if the design is used beyond your original intention of the contract. And, as others here have said, I'm sure the organization in the other state is expecting to pay you for it.

Don't be frightened off by the people here who mentioned lawyers. This is less a contract than it is an agreement between you and the local organization. As a freelancer, you are entitled to be paid, and paid well, for your work. Have the local people inform the others that you discounted the work because of your friend but you are not willing to extend that discount beyond the local group. And really, don't be willing. It never pays off to do something for free, believe me. I've been there

If they want to go ahead, I suggest you create a new contract for the out-of-state organization that maintains your rights to the work and clearly states the fee or royalty payment you expect from this organization Make it perfectly clear that the contract extends only to that particular branch of the organization and further use of the design will entail further costs and is to be done with your written permission only.

I hate to say it, but some non-profits will try to take advantage of creative people by moaning about their non-profit status or by just taking what they want assuming you'll be ok with it. I like to tell them that if they expect me to work for free then I'm likely to wind up as their client and not their supplier. Walk away and take your design with you if they aren't willing to pay you for the work.

Good luck