CompuServe Thread

>> Should I give the guy the files? It's a shame it wasn't in your contract when you started the work. I've worked on projects where I've known in advance that I'd be giving away all my rights to a mesh once it's created (and the price reflects it.) Unless my client specifically asks for my meshes, I -never- release them. OTOH, they may have as many copies of the finished animation as they need. Another common arrangement we've used is "joint ownership" of the mesh and artwork. I would assure the client that you have everything backed up and stored in a secure location in case he needs YOU to modify/update the stuff. Perhaps someone a little more knowledgable can jump in here, but as far as I know, unless you were working as an "employee" of the client or the project was exclusively called "work for hire" — YOU own it. – Dave

Wade, that really depends on the original agreement. On my contract agreements, I stipulate specifically what the WORK is — be it images, animations, or the actual data used to create them. If the client shows an interest in the DATA, over and above the images and animations, then it is at a higher cost, as giving over project files often releases your modeling techniques, material creation techniques, and a host of other "trade secrets" you might not otherwise be "selling". It's just another thing that needs to be addressed before the project actually starts. In your case, you need to weigh the issues concerning giving away data with the importance of this particular client-contractor relationship and go from there. In the future, you can write these issues into your contracts. -Alan

Wade, Unless its specifically stated in the contract that they have ownership rights to the models etc. they technically belong to you. They have paid for the final product, and that is all. If you want to sell them the meshes etc. that is up to you but you are under no obligation to do so. Of course you have to weigh that against having them as a client in the future, but any reasonable client should see the validity of your ownership. In some cases its a case of not knowing, in some cases its a case of getting away with what they can. Personally I use this as a bargaining position when writing the original contract. There are several ways to do it. But remember these meshes/projects files have alot of value. That's the bulk of the work. They can take them and produce more work with them for minimal cost. If your inclination is to give them the meshes because they've been a good client etc. or for whatever reason, you can ask them to sign an agreement stating they will not use them without your written permission, and that if they do, that you will be contracted to do the work. If they're not willing to do that, then I'd figure out what you think its worth, and let them know how much it will cost to buy them outright. That's your best protection at this stage without offending them, and insuring that the purpose of thier interest is as they say. Don't feel put on the defensive, if they think any of this is unreasonable. Its not. The Patent/Copyright office assumes its your work whether you state it in the contract or not. Hope this helps you feel more at ease in protecting what's rightfully yours. John John

Wade: If your original agreement did not stipulate anything about turning over your data files then DON'T, well at least not for free. I would charge a handsome additional fee if your client wishes to have them. As soon as you give up control of the files you should start looking at the worst possible scenario, IMHO. He might hire someone else to do any edits or updates and will cut you out of the picture. He might even sell your models and make a profit if he can. I'd sell him the files, maintain all of your own rights to re-use them and stipulate in a written contract that any modification to the files you give him will constitute a copyright infringement. In the future this client may call you and ask how much it would cost to update the animation. After you tell him your price he will automatically start weighing his options, should I do it myself, hire someone cheaper, or go with Wade? If you don't sell him the file he must come back to you or hire someone to do it from scratch. If the client is truly concerned about a backup copy, have him foot the bill to put the whole project and animation on a CD-ROM which YOU keep in a safe deposit box. Bob

Wade, << This week my client called and asked for all the files I created (.PRJ, .3DS, .TGA, etc.) so he can back them up in case in the future he needs to modify/update the stuff. >> I agree with everyone else that you should not give the porject to him. If for some reason you do, don't forget that it is illegal to give away any of the meshes\textures that came with 3DS that you used for your project. Mark