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Cutty Pastey

Animation usage and rights

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I'm in a lil predicament.

 

I was approached by a company a few months ago to animate a brand identity for a huge corporate event for a well known company. The animation was part of a pitch to sell them on the identity. The identity AND animation were only intended for EVENT branding (ie: the launch of the company's latest product).

 

Well, the pitch went great - they went ga-ga over the animation and made a deal with the company that hired me to not only use it for the event signage, but for the actual product line as well (ie: all ads, packaging, etc).

 

The company that hired me kept me on to do the actual event motion design (and they are pretty sick looking), but are insisting that their client owns everything and that they can use it for whatever they want.

 

I included in my estimate the following:

 

USAGE
OPTION
01) $XXXX
USD
The client “
NAME HERE
” may use the animations for event / internal / non-commercial advertorial web usage (web coverage of event) in perpetuity. Does not include licensing for web or television advertising.
USAGE
OPTION
02) $XXXXX
USD
The client “
NAME HERE
” may use the animations in all media including print, online, and broadcast in perpetuity.
THIS
INCLUDES
ALL
PROJECT
SOURCE
FILES

 

 

 

Client just called me and told me they are intending on using some of the ambient animations I'm creating for banner ads etc and they don't seem to be for the event, but for the product (as these ads will run AFTER the event). I'm sure they will want to use the logo sting for any broadcast commercials as well.

 

I'm not sure what to do.

 

If I could compare this to anything it would be like being asked to animate the AT&T logo resolve for a corporate event of theirs and then they end up using it at the tail end of every commercial they air for the next 2-3 years and you only got paid for event signage.

 

 

Please let me know your thoughts and feel free to virtually slap me if you think I'm being a baby. I was inspired to do this after reading this blog post on pricing: http://www.jessicahi...-art-of-pricing

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As long as you didn't sign a general work-for-hire agreement and charged a flat rate rather than daily / hourly, then you have a leg to stand on. They will probably be using the work for hire / consignment argument, which is generally the standard. Make sure your clear in that regard.

 

Its a weird stock-footage licensing type of billing practice if you ask me, but if that's what they signed for then they owe you the money for option 2.

Edited by AromaKat

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That seems a little ridiculous. I would definitely read over anything you have signed and what you have already agreed on, or they have signed. I would advise them against going against it but if they do looks like there is more money in it for you.

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