   Contracts
  I am currently developing a game in a team consisting of only me (a programmer) and one artist. I created the project, then requested the services of this artist, who has agreed to work for a percentage of any profits made in the future. As of now, however, our partnership extends only through the development of a single demo level, which I will then distribute for free in order to "test the market". The artist has asked me to create and sign a contract that essentially says that he will license any work he creates to the project, but that he will retain copyright ownership and will be aloud to display his work in his portfolio. My question is: is it my responsibility (as the "client") to create this contract? I have no legal knowledge, but it seems to me that as the artist, he would be responsible for creating a contract describing his terms of service, which I would then sign.   
  If this is not a matter between good friends, ask a lawyer. Do not sign (or write) a contract you do not fully understand. This sounds like some stadard paper, so it shouldn't be too expensive.   ;  Friends or not get a lawyer.   ;  A collaboration agreement is the way to go. See http://www.sloperama.com/advice/article58.htm   ;  > My question is: is it my responsibility (as the "client")> to create this contract?No. Either party can suggest a template from which to work from. Both parties will ping-pong changes in turn until mutual consent is achieved and the resulting document becomes the contract both parties agree to sign.-cb   ;  Technically speaking, for copyright purposes the artist would retain ownership in the artwork he created unless there is a written agreement granting you ownership or permission to use it (via a license).  Generally the developer paying for a service will want to draft the contract to ensure the terms meet its needs, but many service vendors also have their own forms.  Talking to a lawyer in your state is a good idea.   ;Quote:Original post by mbrown3391I am currently developing a game in a team consisting of only me (a programmer) and My question is: is it my responsibility (as the "client") to create this contract? I have no legal knowledge, but it seems to me that as the artist, he would be responsible for creating a contract describing his terms of service, which I would then sign.While either party may in practice draft the contract it is certainly the norm that the client (you) prepares it. You want the contract to define what is required from the other party. (Obviously it will also define what your responsibilities are as well).Also it is hardly fair for the artist to have to spend their time/money doing a contract for your project when you aren't paying them.   ;  Thanks for all the responses!@kdog77 that certainly makes sense.however, @Obscure I think you may have misread the original post. The contract in question will not define what is required from the artist.[Edited by - mbrown3391 on April 20, 2010 7:58:03 AM];Quote:Original post by mbrown3391I think you may have misread the original post. The contract in question will not define what is required from the artist.I think you may have misread the answers you got. The contract needs to define that, else it's a bad contract. Recommend again that you read that link I provided before.   ;Quote:Original post by mbrown3391however, @Obscure I think you may have misread the original post. The contract in question will not define what is required from the artist.Then, as Tom points out, it's not a very good contract. A contract defines the rights and responsibilities of the parties.