My design used by Nickelodeon?

[toucan_graphics]

Are any of my fellow Signs101 members up to speed on intellectual property rights?

I'm working on a design for a client which started as a local anti-bullying campaign but has the possibility of going national. The character/mascot I have designed has become quite popular locally and the client tells me today that there is a possibility of this character being picked up by Nickelodeon at a future date.

The mascot is still evolving and I am still modifying the design. Once finalized and final payment is made, the design becomes the property of my client. Should I get a lawyer to draft a contract agreement for a percentage of future royalties? Or - IF it happens, should I just be happy to say my design is on Nickelodeon?

Nothing is concrete yet and it may never happen, but I'm trying to prepare since it is a strong possibility.

What are your thoughts?

 

[Stanton]

Gather up all your art and contracts and chat with an IP lawyer.

You have real questions that can not be answered by popular guess.

 

[vid]

Just got an e-mail blast from CreativeBusiness.com, pitching a year-end blowout of their business forms.

I haven't read through any of the stuff, but it may be a helpful resource. This link goes to a pay per view article that may help in your quest.

The site owner is author, and an obvious entrepreneur, Cameron Foote. He penned The Business Side of Creativity --- A good book in and of itself.
​

Good luck, it sounds like it could be a neat deal.

 

[Stanton]

Just got an e-mail blast from a year-end blowout of business forms.

I haven't read through any of the stuff ... Good luck

OR ... Talk to a legal professional.

 

[Mosh]

I would bet they would just want to buy it and not have to deal with paying you royalties. Pretty cool deal, hope to see it on Nick!

 

[J Hill Designs]

I had a sinking feeling Mosh watches nickelodeon...

 

[signcrafters]

I am not a lawyer, but it sounds to me like you have a contract to design a mascot, and once payment is made in full, all rights would transfer to the client.
Those rights include the rights to use the design as they see fit including selling and licensing the design.

You probably won't be able to change the contract since you already had what is know as a "meeting of the minds"- you both agreed to the terms and the contract is being executed.

Anything in writing?

Good luck

 

[Techman]

once payment is made in full, all rights would transfer to the client.

Only if its says that all rights will be transferred specifically in the contract.

 

[signed off]

not a lawyer by any means but have had license agreement with many major players ( Warner bros., Disney etc. with a different company and that would be a whole different thread) You have been hired to design a logo/character once paid say bye bye, if how ever the character was yours that you use for stuff and they said we liked it can you have it do this or that you may have room to say I will give you rights at $$$ per use or campaign. If you think you have any way to do that... see a lawyer.

 

[Speedsterbeast]

My thought is that if you are getting paid your regular rate for your time for the design work and the usual deal is to give the client ownership of the property then your post is fueled by greed.

 

[KillerWraps]

If it was me once I was paid I would let the owner have full rights and if it makes it to Nickelodeon use that publicity as marketing for your company.

 

[TyrantDesigner]

If it was me once I was paid I would let the owner have full rights and if it makes it to Nickelodeon use that publicity as marketing for your company.

Better get that agreed upon before completion to be able to still use it as marketing material.

I don't see anything wrong with a small royalty if it goes national ... and it's agreed to. I get about $8-10 a year for a cheesy jazz inspired painting that ended up being used for a jig saw puzzle somewhere in europe... but I was able to negotiate that ahead of time since it wasn't just a flat royalty payment ... it was the initial payment for use and a royalty for every time it was printed above 1000 times. But that is something I planned ahead for since I had NO control over where or how it would be used and was a way to value my work so even if it gets printed a million times it can still garner value for me later. Once a company takes your intellectual property and then in effect liscenses it out to a larger company ... having some way to insure the value of the work is protected by having a miniscule but residual cost is basic royalty work. That is the foundation on how writers, musicians, producers, etc etc etc get paid beyond their basic rate since the work they do endures and is reproduced ad nauseum as long as it sells, is used, etc.

 

[toucan_graphics]

My thought is that if you are getting paid your regular rate for your time for the design work and the usual deal is to give the client ownership of the property then your post is fueled by greed.

No, my post is not fueled by greed. Merely a curiosity of how this type of scenario should be managed. I've never experienced this type of situation and was merely soliciting opinions and discussion.

Believe me when I say I don't do this for the money, I do this because I enjoy it. If I did it for the money, I would be a horrible failure since it is hard to get rich making signs.

 

[Locals Find!]

it is hard to get rich making signs.

Why does everyone say this? You can get rich doing just about anything it's really about how well you sell yourself, your product and how badly you want to get rich.

Think about every rich person you have ever heard about I guarantee they never said, it's hard to get rich doing *insert whatever they did to get rich*

 

[CanuckSigns]

Look at it this way, if you designed a logo for a small business who ended up growing like crazy and expanding all over the country, you wouldn't be entitled to anything extra unless there was a clause in the original contract.

 

[player]

That would be a Santa Clause.

 

[iSign]

Why does everyone say this? You can get rich doing just about anything it's really about how well you sell yourself, your product and how badly you want to get rich.

Think about every rich person you have ever heard about I guarantee they never said, it's hard to get rich doing *insert whatever they did to get rich*

of course they didn't... they said "t's hard to get rich doing *insert "SIGNS"* and then they switched careers!

 

[Stagecraft]

Their lawyers are bigger than your lawyers.
Unless terms were specifically laid out in a contract I doubt you'd have much recourse.
Are you selling the artwork, renting, or liscencing it?
Companies like Nickelodeon have a virtual army of designers at their disposal, if push comes to shove I could see them using your concept as inspiration and slightly altering the character to make it their own.
You may be stuck with just being proud every time you see your work on screen.
I wish I could have copywritten much of my work but I was under contract to MGM for a fifteen year run on one series that had a rabid fanbase. Lots of merchandise and props had my work on it as I was the graphic designer on the shows.
Best of luck regardless! - Boyd

 

[Pat Whatley]

Not a lawyer, no experience, this is just pure speculation.

That said unless you have a very unique illustration style and you're creating something extremely marketable I wouldn't hold out for much out of Nickelodeon. If all you have to offer is a one-off picture of a mascot you're very easily replaced. Is the mascot/image you created completely your creation or is it a conglomeration of clip art and creativity? The reason I ask is that I've never noticed you posting illustration or logo type work so I have no idea what you can do.

If, however, you do have the illustration skills, and your client has a kick-*** idea for the campaign, and Nickelodeon picks it up it could be dang good for you. Sounds like it would be fun to go through.