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Thanks for this response, this is enlightening!  In this case, they do  
NOT want me to be able to resell the same figures, but they say I can  
use the individual drawings that make up each figure any way I see  
fit.  Would they still need to grant me a license for this?  Or is  
stating this right in a contract enough?

Quoting cameron slayden <[log in to unmask]>:

> I'm with Britt. Definitely make it official.
>
> I typically take the same approach as the more nefarious companies do, when
> they say "this isn't work for hire" and then say that you grant them all of
> the rights that would be granted under a work for hire relationship. What I
> mean is, when companies insist on work for hire, I say it's fine, but in
> turn they grant me a perpetual, fully-paid license to reuse and re-sell the
> work or its parts in any way I see fit. The way I figure it, the door
> swings both ways. Generally, they only want work for hire because it's a
> simple way to not worry about rights or royalties down the line.  Knowing
> that this is what is important to them, I always make sure their concerns
> are put to rest, and that I'm covered as well. Additionally, NO rights of
> any kind are delivered until they pay in full.
>
> On Thu, Jul 18, 2013 at 1:08 PM, Britt Griswold
> <[log in to unmask]>wrote:
>
>> If it is not in the contract, there is no piece of mind.
>>
>> They may fully intend to honor their word, but the next owner of the
>> company may not. The new owner did not promise you those things, see- it is
>> not in the contract.
>>
>> If you are OK with the Work-for-hire, maybe you should send him a
>> completely separate contract of your own that they must sign - giving you
>> the rights they are granting you by email note. Then you sign their work
>> for hire.  I think that might be the most productive way to proceed.  This
>> may take the form of a letter with the wording from the emails, modified as
>> needed. They sign - send it back to you. You sign work for hire - send it
>> back to them. Now work can start.
>>
>> Britt Griswold
>> Manager, http://www.science-art.com
>> bgriswold_at_science-art.com
>>
>> ----- Original Message -----
>> From: Laura K. Jordan [mailto:[log in to unmask]]
>> To: [log in to unmask]
>> Sent: Thu, 18 Jul 2013 09:52:45 -0700
>> Subject: [SCIART] Further contract question
>>
>> Hello again,
>>
>> The company I am providing illustrations for is insisting on a 'work
>> for hire' contract even though they have agreed that I can maintain
>> ownership of individual drawings that make up the figures I provide
>> them with, use the full figures for my portfolio/website, and for my
>> personal educational purposes (I also teach on the same subjects), and
>> that they won't re-sell the images or allow reuse by a third party.
>> They have agreed to all of these things via email.  I asked them to
>> send a contract with these terms clearly stated and they sent a
>> standard work for hire contract with no language about any of these
>> items.
>>
>> My questions are 1: Can including these terms in the contract actually
>> give me these rights even though they seem to contradict what 'work
>> for hire' typically means?
>>
>> 2: He says I have the emails for peace of mind, are the emails enough
>> or should I keep pushing for the language to be written into the
>> contract?
>>
>> Thank you very much!  This is a steep learning curve for me,
>> especially under time pressure!
>> Laura K. Jordan, PhD
>>
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>
>
>
> --
> Cameron Slayden, M.S.
> CEO,  Creative Director
> Medical and Scientific Animation
> Cosmocyte, Inc.
> 8600 Foundry street, Box 2051
> Savage, MD 20763
> phone: (202) 747-6337
> fax: (202) 747-6545
> [log in to unmask]
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the  
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