[Hidden-tech] Looking for Resources/Referrals

[Rich]

A note to this discussion, I second Dennis comment about getting the 
details in witting, because under copyright law, (I'm not a lawyer, but 
have paid plenty to them in my time)
without an agreement, all ownership remains with the author or artist.

As for Dennis' comments about ownership:
1) Rights as a designer, that sounds like you are not fully claiming 
your rights, in software, 'look and feel' copyrights are well established.
2) as for a big company, it's all in the employment contract, some 
companies give rights to 'invention' or designs, others, granted most, 
do not,
and this tends more to be for explicit patentable inventions.

You do raise what is a very big issue in the software field as to what 
is intellectual property (IP) and who gets returns for what effort,
the most critical thing is to protect your own rights.

Rich

Dennis Kunkler wrote:
>
> Hi Madeline,
>  
> I've been a Designer/Art Director/art buyer for 30+ years and
> my specialty has been package design.
>  
> There are basically 2 ways to contract for artwork.
>  
> 1. A usage fee in which the artist retains all rights of the art or 
> photography
> and charges a fee based upon a defined exposure (size of the audience 
> exposed to)
> and an amount of time. (like a one year contract to appear in a 
> magazine ad)
> (Here is a publication from AIGA on Illustration as part of their 
> Design Business and Ethics series 
> http://www.aiga.org/resources/Content/4/6/0/documents/AIGA_3illustration.pdf )
>  
> 2. Outright purchase "work for hire" by the business/manufacturer who 
> will be able to use the image as if they owned it. (The artist can 
> still own the physical artwork but gives the label owner in this 
> case unlimited rights to use the image it as long as they see fit)
>  
> Either way, it should be spelled out to avoid bad feelings and maybe 
> court.
>  
> My clients have almost always chosen "outright buyout" because they do 
> not want to be forever holden to an artist or to continue to pay for 
> an image years later. When packaging is involved it's almost 
> imperative because the image may be on a package that is then 
> photographed for sell sheets, PR slicks and multiple ads, catalogs, 
> POP displays - well you get it.
>  
> Unfortunately, package artwork is not like Hollywood where you get a 
> SAG card and can expect to retire on residual income.
>  
> Funny thing has always baffled me though. As a designer I conceive a 
> layout and bring it to a photographer who shoots it under my art 
> direction but they own the copyright to the image. Yet I can design a 
> package that makes a client literally, millions of dollars and can 
> reprint as many times as they want and all I get is my original "work 
> for hire" fee.  Gheeze.
>  
> Hope this helps.
>  
> All the best!
>  
> Dennis Kunkler
> www.YourBrandPartnership.com <http://www.YourBrandPartnership.com>
>  
>
>     ----- Original Message -----
>     *From:* mccalabrese at comcast.net <mailto:mccalabrese at comcast.net>
>     *To:* hidden-discuss at lists.hidden-tech.net
>     <mailto:hidden-discuss at lists.hidden-tech.net>
>     *Sent:* Thursday, July 20, 2006 9:48 AM
>     *Subject:* [Hidden-tech] Looking for Resources/Referrals
>
>        ** Be a Good Dobee and help the group, you must be counted to
>     post .
>        ** Fill out the survey/skills inventory in the member's area.
>
>
>     ------------------------------------------------------------------------
>     Hi all,
>      
>     I have an artist client who has been approached to provide her art
>     work to be used on a product label.
>      
>     I'm looking for two types of referrals:
>      
>     1.  Art manager/buyer (or a more appropriate service provider) who
>     could consult on going rates for original art to be owned by the
>     marketing or product business.  Also consultation about options
>     for long term proceeds from the product sale.
>      
>     2.  Lawyer - does this fall under copyright category, or is there
>     a different specialty? 
>     I have these names from previous recommendations for copyright and
>     branding.
>     Mary Kelleher
>     Lucy  Peteron
>
>     Peter Irvine
>
>     Any others are also welcome.
>
>      
>
>     Thanks
>
>     Madeline
>
>     --
>     *Calabrese Consulting
>     Success for people and projects*
>     Madeline Carnevale Calabrese
>     26 Roosevelt Avenue
>     South Hadley, MA 01075
>     413.531.4964
>     mccalabrese at comcast.net <mailto:mccalabrese at comcast.net>
>     www.mcalabreseconsulting.com <http://www.mcalabreseconsulting.com>
>
>      
>
>     ------------------------------------------------------------------------
>     _______________________________________________
>     Hidden-discuss mailing list - home page: http://www.hidden-tech.net
>     Hidden-discuss at lists.hidden-tech.net
>
>     You are receiving this because you are on the Hidden-Tech
>     Discussion list.
>     If you would like to change your list preferences, Go to the
>     Members  
>     page on the Hidden Tech Web site.
>     http://www.hidden-tech.net/members
>
> ------------------------------------------------------------------------
>
> _______________________________________________
> Hidden-discuss mailing list - home page: http://www.hidden-tech.net
> Hidden-discuss at lists.hidden-tech.net
>
> You are receiving this because you are on the Hidden-Tech Discussion list.
> If you would like to change your list preferences, Go to the Members   
> page on the Hidden Tech Web site.
> http://www.hidden-tech.net/members

-- 
Rich Roth
CEO On-the-net

Bringing you complex online systems since the net was young
http://www.tnrglobal.com - http://www.on-the-net.com/rr/