His Rule, not mine (2 Viewers)

[Rhodeman77]

I'm not so sure. When you designed a custom set did you get an immediate response from the designer about rights to the artwork and what should happen in a resale? If the artist is under the impression that the artwork is solely for a customer's use then he may not have brought it up. I agree it should have been brought up by one party or another, but I'm not in a position to assign blame or assume intent.

They both knew this was going to be a business. The fact that Toby is being paid in chips but hasn’t received them yet because Lemonzest was worried he would sell them before he could sell his tells me there is a lack of trust already. They both knew this was not for a “personal set” but to be sold for profit.

 

[Tommy]

I just have a general question. If I created a design in Photoshop because I don't use Illustrator, and pay someone to make it into an AI file, who would typically own the rights to it?

 

[MatB]

What if you design a custom CPC set and someone else wants to have their own set made, for personal use.

Should you contact the original artist and see if they want a fee for the production of the second set?

I have to admit I discussed that with someone and didn't really think about that. I would have gleefully given permission (out of kindness) without another thought. Now that I think on it, I guess that's a faux pas? This is too confusing lol

If YOU designed the artwork and had someone put it into a file to be used you can do what you like.

If you had someone design something for you. Paid or unpaid. Then YES you should ask that person for permission to use the artwork for more chips/ cut cards/ dealer buttons/ lammers/ t-shirts/ sneakers/ baseball caps to be made.

Toby NEVER said, if you sell those chips to someone i want a cut. That was the context of Travis's FOR SALE ad.

 

[Perthmike]

If YOU designed the artwork and had someone put it into a file to be used you can do what you like.

If you had someone design something for you. Paid or unpaid. Then YES you should ask that person for permission to use the artwork for more chips/ cut cards/ dealer buttons/ lammers/ t-shirts/ sneakers/ baseball caps to be made.

Toby NEVER said, if you sell those chips to someone i want a cut. That was the context of Travis's FOR SALE ad.

That was a genuine thought unrelated to this Saga lol because it really did nearly happen and at the time in my ignorance I didn't even think about it. In my mind I was just going to order some more and let the other person have them at cost.

It still feels grey to me, although if I was going to start printing all sorts of stuff, as you say and sell them for profit then of course I'd seek permission from the designer and in my mind they'd be due a cut of the profit.

To be clear, I paid p5woody for my motswari artwork, he designed it.

Now that I've processed that thought out loud, I'd say it entitles toby to some form of consideration for all the reuse of the labels. It should still have been made clear between both parties when designing though. We all know that Paulson custom chips are going to get sold en masse

 

[Geremie]

What if a concept was developed by a person and they drew it by hand the best they could then got someone to put it in AI form? Who would have ownership?

 

[RainmanTrail]

If YOU designed the artwork and had someone put it into a file to be used you can do what you like.

If you had someone design something for you. Paid or unpaid. Then YES you should ask that person for permission to use the artwork for more chips/ cut cards/ dealer buttons/ lammers/ t-shirts/ sneakers/ baseball caps to be made.

Toby NEVER said, if you sell those chips to someone i want a cut. That was the context of Travis's FOR SALE ad.

Correct. My ad was in jest. He hasn't asked to be paid for transferring chips to another member (yet).

 

[Perthmike]

We've opened up an Intellectual Property can of worms that none of us are qualified to answer

 

[Tommy]

To be clear, I paid p5woody for my motswari artwork, he designed it.

One of the best designed sets out there. In my top 5 for sure!

 

[Burke]

They both new this was going to be a business. The fact that Toby is being paid in chips but hasn’t received them yet because Lemonzest was worried he would sell them before he could sell his tells me there is a lack of trust already. They both new this was not for a “personal set” but to be sold for profit.

That's true. Sounds like Toby is appropriately treating this as a business venture. You agree it was. I agree it was. I see no fault in any of his actions. Lemonzest didn't ask about artwork rights because it made no difference to him.....if this is the case Toby would have ended up with full rights anyway. He should be able to do as he pleases.

 

[MatB]

Correct. My ad was in jest. He hasn't asked to be paid for transferring chips to another member (yet).

You say in Jest, but that post had at least a few people saying they'd never work with Toby, and you yourself are using terms like extortion. Still.

 

[Perthmike]

One of the best designed sets out there. In my top 5 for sure!

You hear that @p5woody lol

 

[Rhodeman77]

You hear that @p5woody lol

Quiet, he’s busy enough already, we don’t need everyone bombarding him with more requests!!

 

[BGinGA]

You hear that @p5woody lol

He should have charged you more.

 

[Perthmike]

He should have charged you more.

He wouldn't quote me a fee lol because he's too nice, so I had to guess myself whether it was enough.

@p5woody I just sent you some more

Dave this was your fault

 

[BGinGA]

I just wanna know if I owe Toby anything for using the SB chips splashed pot photo as laptop wallpaper. He didn't take the photo, so maybe I owe the photographer something, too? Or maybe the photographer owes Toby?

 

[RainmanTrail]

So I guess it's totally cool then if Toby wants to sell that same inlay design to someone else wanting to make a CPC Sunset Beach set? It's his artwork afterall right?

 

[MatB]

So I guess it's totally cool then if Toby wants to sell that same inlay design to someone else wanting to make a CPC Sunset Beach set? It's his artwork afterall right?

Then that might be an ethical question, but its not the question at hand.

 

[Burke]

Is it "cool"? Fuck no. Could he? Yes.

You have already stated this is the rub. And that is completely hypothetical

 

[RainmanTrail]

Is it "cool"? Fuck no. Could he? Yes.

My thoughts exactly

 

[hdgeno]

I’d prefer if no one ever quoted another post of mine with consent or compensation. To do so would be in violation as it’s intellectual property

 

[Payback]

I’d prefer if no one ever quoted another post of mine with consent or compensation. To do so would be in violation as it’s intellectual property

It'd have to be intellectual in order to qualify as intellectual property

 

[Highli99]

I just have a general question. If I created a design in Photoshop because I don't use Illustrator, and pay someone to make it into an AI file, who would typically own the rights to it?

That’s an interesting question. I think you’d own it but I am not a lawyer. Paying someone to copy something into a different domain is not the same as creation.

Making it clear to a designer that you’d like to own the artwork is probably the key point. They might charge a little extra upfront. I get all sides of this debate and would only add I don’t sense bad faith from anyone involved. Maybe just miscommunication or misunderstanding.

 

[ReallyGoodUsername]

Wait so is the dress blue or white?

 

[Hornet]

We've opened up an Intellectual Property can of worms that none of us are qualified to answer

I’m an IP attorney. Pay me enough and I’ll give you some quality advice.

First piece of advice is free ... the only way to protect your rights is to put an agreement in writing. Even then, a contract is just a piece of paper that provides someone the ability to go to court, which costs a lot of money. So basically, without trust, goodwill and appropriate business ethics in a deal of this size/nature, it will inevitably fail.

 

[Burke]

isn't Ruxin also a lawyer?

 

[Tommy]

Wait so is the dress blue or white?

You mentioned dress and I got this.

Definitely blue. LOL

 

[Hornet]

isn't Ruxin also a lawyer?

That is correct. And, fortunately or unfortunately, that is not where our similarities end.

 

[Burke]

...are you Ruxin? I'll be discreet if you PM me

 

[BGinGA]

I’d prefer if no one ever quoted another post of mine with consent or compensation. To do so would be in violation as it’s intellectual property

Actually, your content on PCF is most probably the intellectual property of PCF, legally speaking. And PCF gives consent for me to quote your post by providing the tools to do so.

But don't quote me.

 

[Lemonzest]

They both knew this was going to be a business. The fact that Toby is being paid in chips but hasn’t received them yet because Lemonzest was worried he would sell them before he could sell his tells me there is a lack of trust already. They both knew this was not for a “personal set” but to be sold for profit.

You are saying things that are not true. As far as I am concerned me and Toby are cool. Chips are in the mail to him.