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Should I sell the full rights or license?
Posted by Anonymous . updated on 2/26/2009
-I have produced a flash movie with background music, onscreen text, voiceover and of course design using pictures and other design features (we'll call this the "Project"). -Since I produced this "Project", I also own the Copyrigh
Answers (1)
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JimIvey
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This is really a copyright question and you might also post on the copyright forum.
My rough guess of disadvantages is that you give the client everything, including the right to make derivative works. That could possibly hurt you in two ways. First, if the client wants an updated version of your Project, they don't have to use you -- they can go anywhere since you've given them the right to make derivative works. Secondly, and perhaps more important, you given up the right to make derivative works yourself. Suppose another client wants something similar and you want to recycle portions of your earlier work. You could be violating your own copyright that you transferred to your previous client. They may not sue, but then again, they may.
My rough guess at advantages is that perhaps the client has paid the price he/she has because the full copyright ownership was included in the deal. Take that out and the price might drop -- perhaps to zero, depending on the motives of the client.
Why would they take a mere license rather than full ownership? Perhaps that's all you're willing to give. But the license can take many forms. They may want a fully paid-up license that exclusive (you can't license the same work to anyone else) and they may want the right to make derivative works (common in software licenses -- needed for repairs and improvements). You may want the explicit right to create your own derivative works (a license back to you if you assign the copyright to them).
Each right in a copyright is individually negotiable. Only once you've determined that the client gets each and every right in the copyright does an assignment seem like the clearly correct thing to do. Of course, you can assign and take a license back, so it's possible that an assignment can convey most of the copy rights rather than all.
I hope that helps.
Regards.
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