Hi
Please explain this part of [7.1]: "Licensee shall be entitled to file and acquire any kind of intellectual or industrial property right as to the title, rules, parts/format and design/layout of the Works." as it seems to contradict [2.4]: "The Licensee acknowledges that the Artist owns and will continue to own all rights and interests in the Works, including the copyright in the Works."
Thanks
Good question!
7.1 refers to any specific rights the creator may want to lodge in their region, without denying their inherent copyright over the works. For example, a creator could choose to appy for a trademark or even a patent. These are distinct from copyright and typically require lodging and approval somewhere (whereas copyright is considered automatic).
I hope that helps to clarify those points.
No. Now you're saying "creator". Are you talking about the licensee or the artist? Because the way this reads to me in the contract, 2.4 reaffirms that the artist (me) retains copyright but 7.1 tries to contradict that by saying the licensee (you) will pull rights away by claiming trademarks or patents.
I think it’s all about printing
7. Design
[7.1] 2The title, design, format and parts of the Works may not be modified by the Licensee and/or eventual sub-licenses. However, the scale and size of the Works may be modified for manufacturing purposes. Licensee shall be entitled to file and acquire any kind of intellectual or industrial property right as to the title, rules, parts/format and design/layout of the Works.
Contextually, this seems to me like the licensee can come back and say “hey, I need this to have a .25 inch bleed” or just make the adjustments themselves for the purpose of the creation of the final product. But it’s only in the context of *this* product.
I don't interpret it that way, which is why I am asking. To me it seems to be two completely separate and unrelated items placed together under one section. The licensee doesn't need IP rights to be able to make slight modifications for printing purposes. [7.1] already gives permission to make these slight modifications anyway ("However, the scale and size of the Works may be modified for manufacturing purposes.").
Sorry about the previous response. I didn't pay enough attention and answered incorrectly.
The current phrasing does indeed refer to the licensee's ability to file for additional rights, rather than the creator's. This doesn't seem appropriate for the project (although it should be clear that Long Tail Games won't be applying for a trademark or patent based on these designs). This contract is based on a template provided by the Arts Law Centre of Australia, which means some sections needed to be modified, and obviously this one fell through the cracks.
I will update the contract to remove this sentence. Although, for anyone who has agreed earlier, I'd like to reiterate that Long Tail Games has no interest in filing any kind of trademarks ever - certainly not for a single card.
Thanks for bringing this to my attention! The intent of the agreement is that the creator grants Long Tail Games a non-exclusive right to print this card, leaving the original creator free to distribute, publish or otherwise monetize the design in any way they want. I want to keep improving the standard agreement over time, so it can align better with that goal.
