[MUD-Dev] Artists and Copyrights

[Marian Griffith]

On Thu 14 Aug, Derek Licciardi wrote:

> How do the commercial games out there handle contract artists and
> musicians?  Is the work that they do the sole property of the game
> and the company that owns the game or is there a tendency to share
> the rights to the work with the contract artist?

Legally speaking a commisioned work, which is what we are talking
about here, is copyrighted to the one doing the commision, not to
the one doing the work.

> We've had a composer take a piece done for our demo and rework it
> with the Utah Symphony Orchestra.

This is called a derivative work and it falls under the same copy
right as the original work. However, this is much murkier area as it
is often next to impossible what is derivative and what is original
work. That is why copyright battles are often so messy.

> He's interested in adding it to his demo reel and copyrighting the
> material as his own work.

Again if the work is original then the copyright is automatically
his.  However if the work is derivative then the copyright is
already yours.

> While our contract with him says that he cannot have the "Ages of
> Athiria" music because it belongs to EPI,

This means you stand a fair chance of winning the case if you decide
to sue. There is of course no garantuee since everything is
depending on wether the new work is original or derivative of the
commisioned piece.

> I'm not sure we want to enforce it that strictly and ruin an
> otherwise good relationship.  We're discussing sharing the rights
> to the music with him.  I'm interested in knowing if something
> like this has been done before with any of the commercial games.
> From what I can tell it has but I do not know specifics concerning
> the agreements.  (ala what rights were given, ..)

I could not possibly answer the second question, but what you decide
to do is entirely up to you (and to your checkbook). Legally you can
forbid him to publish that piece of music. You could make him pay a
fee (either up front or for each copy sold), you could give him the
right to use that music for demo purposes only while retaining your
copyright.  You could even give him the copyright of all the music
he has done for you.

As to what is the best thing to do, that probably depends on WHY he
wants to record that new piece of music.  There is one thing you
have to be careful with. If he claims copyright then he could (try
to) argue that you owe *him* a fee for the use of his music.  A
court would probably reject such a claim, but it would make for a
messy juridical battle.  Especially if a large record company were
behind it.

> I know Mythic has allowed the cover artist they worked with to
> imprint the artwork with her signature.  EQ also has done the
> same.  One would believe that John Williams has some ownership
> over his Star Wars work.  (speculation) I'm looking for
> information pertaining to how these arrangements were worked out.
> Any help would be appreciated.

If it can be worked out, you probably would do best by giving the
artist a limited non-transferable right to use the music for some
specific purpose (e.g. demo CD's). The non-transferable means the
artist can not, himself, trade the limited rights he has away to
some other party (e.g. a record company). Performing rights would
like be ok to, but you might want to retain broadcasting rights.

Marian
--
Yes - at last - You. I Choose you. Out of all the world,
out of all the seeking, I have found you, young sister of
my heart! You are mine and I am yours - and never again
will there be loneliness ...

Rolan Choosing Talia,
Arrows of the Queen, by Mercedes Lackey
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