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D&D Beyond Cancels Competition
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<blockquote data-quote="Hussar" data-source="post: 8361742" data-attributes="member: 22779"><p>Well, in case 1 - the artist retain all rights, - I'm not sure there is any legal boilerplate that you could make that would work. Maybe something like an agreement to give up the rights to sue over similar images? <img src="http://www.enworld.org/forum/images/smilies/erm.png" class="smilie" loading="lazy" alt=":erm:" title="Erm :erm:" data-shortname=":erm:" /> I don't think that works. It's basically no protections for the company whatsoever and the company gets to eat any future issues. OTOH, if the company doesn't sell products that are created by contests, then there's no problem right? That would solve all the issues right there. So, don't run contests asking for someone to make something when you plan on selling that thing later on down the road.</p><p></p><p>Case 2 - Yup, the company is totally on the hook here. </p><p></p><p>3. The competition runner gets the right to display the art but no publication rights. Again, we're back to the notion of not asking fans to create material similar to something you're going to sell down the road for profit. Personally, that's one of the larger objections I have in this specific case - DDB, particularly if they go the VTT route, WILL be selling character frames. That's practically a given. Every VTT I can think of has them for sale. I think that running a contest for something you're going to sell down the road and then getting the sales rights to thousands of hours of free labour in the process is pretty indefensible.</p><p></p><p>and</p><p></p><p></p><p>4. <strong>The competition runner gets the rights to the winner(s) but all other artists retain full rights.</strong> To me, this is the most justifiable solution. As I said earlier, similar image search engines are free and included with Windows. There are other ones available too. So, down the road, when you want to sell frames like this, the first thing you do is hit up that image search and make sure that the ones you want to sell aren't copying anyone. And, if they are, call up the artist and pay them before you sell your image. </p><p></p><p>Again, does this 100% protect the company? No, maybe not. I don't really care that much to be honest. Protecting the rights of the artist right now is more important to me than protecting a company from potential lawsuit down the line. The company simply has so many other options.</p></blockquote><p></p>
[QUOTE="Hussar, post: 8361742, member: 22779"] Well, in case 1 - the artist retain all rights, - I'm not sure there is any legal boilerplate that you could make that would work. Maybe something like an agreement to give up the rights to sue over similar images? :erm: I don't think that works. It's basically no protections for the company whatsoever and the company gets to eat any future issues. OTOH, if the company doesn't sell products that are created by contests, then there's no problem right? That would solve all the issues right there. So, don't run contests asking for someone to make something when you plan on selling that thing later on down the road. Case 2 - Yup, the company is totally on the hook here. 3. The competition runner gets the right to display the art but no publication rights. Again, we're back to the notion of not asking fans to create material similar to something you're going to sell down the road for profit. Personally, that's one of the larger objections I have in this specific case - DDB, particularly if they go the VTT route, WILL be selling character frames. That's practically a given. Every VTT I can think of has them for sale. I think that running a contest for something you're going to sell down the road and then getting the sales rights to thousands of hours of free labour in the process is pretty indefensible. and 4. [B]The competition runner gets the rights to the winner(s) but all other artists retain full rights.[/B] To me, this is the most justifiable solution. As I said earlier, similar image search engines are free and included with Windows. There are other ones available too. So, down the road, when you want to sell frames like this, the first thing you do is hit up that image search and make sure that the ones you want to sell aren't copying anyone. And, if they are, call up the artist and pay them before you sell your image. Again, does this 100% protect the company? No, maybe not. I don't really care that much to be honest. Protecting the rights of the artist right now is more important to me than protecting a company from potential lawsuit down the line. The company simply has so many other options. [/QUOTE]
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