[arg_discuss] Intellectual property and freelance work

[despain at quantumcontent.com]

I'm a freelance writer in several contexts ranging from ARGs to science
journalism. In my experience, there are two ways to think about who
keeps control of creative rights.

1) *Follow the money.* Did you pay for the creation of this work or did
someone else? Did you write these materials in your attic after you got
home from work? Or did someone call you up and offer you a paycheck
to create something for a specific purpose they had already envisioned
on their own dime?

Sure, all of us who have written a novel in those sleepless wee hours of
the morning hope that someday we can "sell it" - but what you're really
doing in that case is selling "First North American Rights" to publish
the work. You're not (if you're smart) giving up the ownership of the
material itself. You bankrolled this baby after all. Other people are
just paying you for the privilege of using it to sell their dead trees.

2) *Who's baby is it?* If the money viewpoint is too cold for you,
consider who's baby is it anyway? Is this work your baby? Have you
poured all your soul into this creative work? Does it contain the
essence of that nugget your muse gave you?

Or have you had to make changes based on someone else's timeline?
Someone else's product they want to promote? Someone else's Big Idea?
Sure, in every creative work you get input from other people. Feedback
helps mold an uncut gem into a piece of jewelry. That's not what I'm
talking about. When you're getting a paycheck to build a world...
this isn't your world. Someone else has a certain degree of control and
can make you add those purple people eaters if they really, really want
to. You're just an expert helping them create their vision. Their baby.

The moral of the story is - if someone calls you up and wants you to
come up with an idea for this ARG they want, don't go pull out the
world you built in those wee hours of the morning for your novel and
turn it into an ARG for them. If you do, you're letting them adopt
your baby as their own.

Instead, become their surrogate. You can birth this baby they can't.
But it's still their baby. If you know that from the start, it's not as
hard to hand it over in the end and let them raise it. (Or ruin it.)

Ok, I'm done waxing poetic about intellectual property law. Please
keep in mind I'm not a lawyer. I just drive a few of them crazy with
extended metaphors.

Wendy Despain
quantumcontent.com




> 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.com for 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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