#Animations & Legalities
12 messages in this thread
Greg;
I hope you don't mind me addressing this to you, but I thought you might know
the answer to this one.
Please help me clarify legalities of any animation that I may make.
If I make an animation that models a piece of equipment that our company sells,
(on my own time, on my own equipment) can I submit it to some of these
animation contests that are publicized? Do I need permission from the company
to submit it if it is NOT a proprietary piece of equipment, but something very
generic.
I have been creating meshes of parts for quite a while in hopes of making a
simulation of our equipment. If and when I complete it I will offer it to the
company I work for if they want it. Possibly for a fee. Can I also use that
on a demo tape I make? Can I submit it to someone to use on their CD-ROM demo.
A person at work said that if I don't use Trademarks or logos, it shouldn't be
a problem.
Thanks, Dennis Fenske
Dennis:
IANAL (I Am Not A Lawyer), but if the equipment is not proprietary, and you do
it on your own time and your own equipment, I don't know what they could say.
Especially if you show the product in a good light, I don't see how they could
complain! It is free advertising to them if you win. They might even sponsor
you in the contest, but then they might want to share the prizes, too!
Your best bet may be to develop it far enough to have something good to show,
and take it to some of the higher-ups in the company to show them what 3DS can
be used for in the company. Who knows, you may even convince them that they
need to start an animation department with you as the head!
Greg Pyros [Pyros Partnership, Inc] 15-Dec-93 at 10:06p PST
Greg;
Thanks for replying. I'll continue to work on some stuff. Then maybe do as
you suggest.
Dennis
Hi Greg,
You are such an optimist. I did contract work for a state PBS network and the
hundreds of models I created for them were theirs via contract even though they
were found in violation of IRS rules concerning contract workers. Media
litigation and copyright, what a growth industry. I hope computer artists and
sculptors such as myself will be protected with the same enthusiasm as the
Compton jerks, who claim they invented multimedia via a Patent Office decision
from the technically illiterate (not to mention the cotton seed bioengineering
debacle). I only hope that artists such as myself will eventually be
protecteded for our ability to created something out of nothing with only a
verbal description and usually something less. I have never belonged to a
union, but computer artists guild's unite!
Thanks for the newsletter and I will be subscribing as soon as I can take some
time away from these PBS "something for nothing" people.
Bryce Whiteside
Animation Producer/Consultant
CF/X Image, Inc. at the big red stick animation outpost down south
Dennis,
I don't want to keep Greg from answering (I'm interested in his reply also) but
a client of mine researched a similar issue and found out the following….
Generally,
1) Yes, any Trademarks or Logos are a definite NO!
2) Also Taboo are recognizeable "signatures" (ie The unique shape of an item,
etc.)
Specifically,
1) Does your company have a "Right of Exclusivity" clause in your your
contract or employee handbook. Buried in this guy's employee handbook was such
a clause that states "While in the employ of 'XYZ Company', the employee shall
forfeit the right to copyright or patent ANY material, process, or product
acquired or developed either on the premises of 'XYZ Company', using 'XYZ
Company' equipment and/or materials, or elsewhere. Employee acknowledges that
'XYZ Company' will have all right and priviledges to such materials, processes
or products ……………"
2) Talk to your company.
3) TALK TO AN ATTORNEY! (Yes, they are necessary for some things!<G>)
Please, I'm not a legal expert, so see #3 above!
Chuck
Dennis,
To borrow a line from Greg, IANAL either but in my experience I have found
Chuck's recommendation on target. Anything that you do that could be construed
as a representation of a product that you are familiar with (in a work
relationship, maybe) could end up putting you in court. Coincidences just
don't seem to go over well there.
Typically speaking, whatever you do on your employer's equipment or employer's
time or for your employer as part of your job description is your employer's
rights. If you do something BEYOND the realms of your job description, you
have a good chance of keeping it for yourself.
Good Luck,
Chris
If I make a robot that happens to resemble a robot in Star Wars, but I don't
call it "R2D2", and there are a few differences, and I make it as a mesh and
not as a rendered image, have I violated George Lucas' robot rights?
John,
PMJI, but in my opinion, your robot mesh may well violate copyright as a
"derivative image", particularly if you're only talking minor changes. This
was an issue that came up back in 1978 when I published "The Cheesecake
Cookbook". There are also various concerns regarding copyright ownership of
"work for hire", from my programming days. In these litigious times, a lawyer
is a better prophylactic than a condom.
Kevin Krell – Computer Support Associates
John,
See #3 Above! 🙂
Chuck
Chuck;
>> "While in the employ of 'XYZ Company', ……………"
Thanks for replying. You are right! I forgot that I signed a document like
this when I was hired about 10 years ago.
So, unless I get permission from the management, I will not submit anything
pertaining to our equipment.
Thanks for reminding me.
Dennis
Dennis,
So did I once !!!!!!!!!!!!!!!
Chuck
You got it right Chuck,
Once!!!
Bryce Whiteside
CF/X Image, Inc.
PS Let them such air!!!