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Subject: Re: FLASH: Copyrights work-for-hire vs. royalties
From: Franke James
Date: Tue, 28 Sep 1999 19:43:22 +0100

Hi Cheri,

My advice is to hire an illustrator to design a new character -- but check
with a copyright lawyer, and have an agreement signed before they start (!)
acknowledging that YOU own the copyright and that this is a work-for-hire.

We recently developed a site for the Ontario Govt. using cartoon characters
and cartoon elements -- they own the copyright. With the Govt -- in this
respect -- you either work-for-hire or you don't work for them. With other
clients we have kept the copyrights -- which is in the best interests of the

Another option is to buy only the rights you need -- eg. for the Internet.
However if it turns out you have a hit you'll be coming back to them for
rights to use it in all media. Another suggestion is to offer them a cut of
future royalties on any and all products and media.

We went after a large firm for using our creative. We settled out of court.
It was similar but not identical.

Copyright is dangerous ground. Think fresh if you can.

- Franke

>> Cheri Harder wrote:
>> > Where would be a good source of information regarding copyright of
> cartoon
>> > characters and recognizable cartoon character sounds? ...
> I don't know if I just need to give credit to Warner Bros and/or state its
> purpose as educational and not-for-profit,
>> > or not use it at all....Guidelines anywhere?

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