Copyright transfer of commissioned artwork?

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towering_cloud
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Copyright transfer of commissioned artwork?

#1 Post by towering_cloud »

I am currently in discussions with an artist about commissioning artwork for my visual novel, and we have reached an agreement that they will transfer the copyright for the intellectual property to me.

Now the question is, how do I do that? Is taking their word enough. or do I need to register some complicated IP contract to Copyright.gov? Is there anyone who experienced it and knows how to go through with it?

Thank you in advance. :D

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Re: Copyright transfer of commissioned artwork?

#2 Post by enaielei »

I don't have much knowledge regarding the topic, but this is what ChatGPT said:
ChatGPT wrote: Congratulations on your agreement with the artist! As for your question, it is always best to have a written contract to document the transfer of copyright ownership. This contract should clearly state that the artist is transferring all rights, title, and interest in the artwork to you, and should be signed by both parties.

While it is not legally required to register the transfer of copyright with the U.S. Copyright Office, it is highly recommended to do so. Registering the transfer will provide a public record of the transfer and will help protect you against any potential copyright disputes in the future.

To register the transfer of copyright, you will need to complete Form CA (Application for Copyright Registration) and submit it to the Copyright Office. The form can be completed online or by mail, and there is a fee for filing.

If you are unsure about how to proceed or need additional guidance, it may be helpful to consult with a copyright attorney who can advise you on the specifics of your situation.

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Re: Copyright transfer of commissioned artwork?

#3 Post by Ocelot »

ChatGPT wrote: While it is not legally required to register the transfer of copyright with the U.S. Copyright Office, it is highly recommended to do so. Registering the transfer will provide a public record of the transfer and will help protect you against any potential copyright disputes in the future.

To register the transfer of copyright, you will need to complete Form CA (Application for Copyright Registration) and submit it to the Copyright Office. The form can be completed online or by mail, and there is a fee for filing.
Do NOT do that, unless artist registered that artwork with it before. Unless you like waiting for months.

The part about written agreement is correct. In case of legal dispute you will need a very good proof of you having exclusive rights, otherwise law prefers to favor the artist.

If you agreed on having non-exclusive rights to artwork, then proof of comission, proof of payment, and proof of artist confirming that payment was received and sending the artwork, i.e. email chain and bank statement, are enough. You did talk over email or other persistent medium and not over messengers, right?
< < insert Rick Cook quote here > >

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KillerQueen
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Re: Copyright transfer of commissioned artwork?

#4 Post by KillerQueen »

enaielei wrote: Mon May 08, 2023 8:11 am I don't have much knowledge regarding the topic, but this is what ChatGPT said:
ChatGPT wrote: Congratulations on your agreement with the artist! As for your question, it is always best to have a written contract to document the transfer of copyright ownership. This contract should clearly state that the artist is transferring all rights, title, and interest in the artwork to you, and should be signed by both parties.

While it is not legally required to register the transfer of copyright with the U.S. Copyright Office, it is highly recommended to do so. Registering the transfer will provide a public record of the transfer and will help protect you against any potential copyright disputes in the future.

To register the transfer of copyright, you will need to complete Form CA (Application for Copyright Registration) and submit it to the Copyright Office. The form can be completed online or by mail, and there is a fee for filing.

If you are unsure about how to proceed or need additional guidance, it may be helpful to consult with a copyright attorney who can advise you on the specifics of your situation.
If OP wanted a generic answer that might or might not be right, they'd have googled it.
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