[arg_discuss] Intellectual property and freelance work

[A Nakama]

Thanks, everyone!  I totally didn't want to put my foot in my mouth by
insouciantly demanding the IP rights if it was standard practice to do
otherwise.  Your responses have been a huge help.

~ A. Nakama

On Thu, Apr 10, 2008 at 7:51 PM, <dave at daveszulborski.com> wrote:


> Yes, as Andrea pointed out, it's normal that any work you do, even as a

> freelancer or consultant under these circumstances, is considered "work for

> hire", meaning the client retains all rights to whatever you create. As

> Michelle indicated, however, it's entirely reasonable for the freelancer to

> ask to be credited for their work and to retain limited rights over anything

> created for portfolio purposes. Actually, under most circumstances, you have

> the right to display whatever you've made as part of your portfolio, even if

> you haven't specifically asked for that under your contract. You just can't

> try to re-sell or profit from your creations done as work for hire in any

> way.

>

> For example, in 2006 I created a set of 100 puzzles for Dreamworks and

> Campfire to promote the animated film Over the Hedge. I can publish the

> puzzles as part of a work explaining my career and work I have done, but

> can't publish and sell the 100 puzzles as a separate book of puzzles, since

> the characters and subject matter they contain are either owned by

> Dreamworks or the original creators of the Over the Hedge comic strip.

>

> Similarly, in 2007 I wrote a fictional blog called thepresidentsbook.comfor the film National Treasure 2: The President's Book of Secrets, under

> contract to Disney and Deep Focus. I can publish portions of my writing from

> that job in my portfolio, on my website, or even in an upcoming book release

> about work I have done, but can't compile the 42 blog entries into a

> separate book and publish and sell it for profit.

>

> Dave Szulborski

> dave at daveszulborski.com

> www.daveszulborski.com

>

>

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