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Learn Me on Creative Commons

RDCanecutter
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RDCanecutter

RDCanecutter 26871

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Hey y'all. About ten years ago I did a few hundred  cartoons for an educational website at UT. I got paid and treated nice, and am pretty happy with how it all worked out. I also didn't think I had any copyright claim to any of it, didn't matter, because the one customer who might want it had already paid for it. I've used it as advertising to get more work.

Today, they contacted me to see if I'd agree to change the licenses on the work from CC (Creative Commons) BY-ND to CC BY. I probably will, only one catch:

I don't know what any of that means.

I never expected to get extra $, and am happy with the deal we did ten years back. I still mainly use the art work to advertise for future art gigs. I like the guys at UT I worked with and would like to work with them again.

I figure if some dude in China wants to bootleg the art, he did it ten years ago. I haven't noticed it popping up on the web.

Is there some major consideration I am missing here? Thanks.

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Ollie Slatt

Ollie Slatt 295

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The work is already free to use/copy/distribute, but not to alter or incorporate into a larger work (i.e., making a derivative work).  Sounds like they now want to make a derivative work using something you did.  As a first step, you may want to ask them what they plan to do with the cartoons.  

Whether you own the copyrights depends on the specifics of the agreement you did with them ten years ago.  But the fact they are contacting you now for permission suggests they probably think you own the rights.   

 

 

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RDCanecutter

RDCanecutter 26871

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3 minutes ago, Ollie Slatt said:

The work is already free to use/copy/distribute, but not to alter or incorporate into a larger work (i.e., making a derivative work).  Sounds like they now want to make a derivative work using something you did.  As a first step, you may want to ask them what they plan to do with the cartoons.  

Whether you own the copyrights depends on the specifics of the agreement you did with them ten years ago.  But the fact they are contacting you now for permission suggests they probably think you own the rights.   

 

 

Cool. I'll do that. Maybe we can spin up some new work together.

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RDCanecutter

RDCanecutter 26871

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4 minutes ago, El Diablo said:

I know nothing about any of this but I have been told to never do business with KEVIN FUCKING MORGAN.

My main thing is the 1 out of a billion chance that a festering parasitic Kevin Morgan steps in and makes a dime off of this, then i want a dime too.

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RDCanecutter

RDCanecutter 26871

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8 minutes ago, NeverMarryAStripper said:

Under CC No-ND, licensees may only copy, distribute, display and perform the work as is (they still must give the creator credit).

Under CC BY, licensees may copy, distribute, display, perform the original work, and make derivative works and remixes (they still must give the creator credit)

You forgot to type the line "Original Artist Gets Whopping New Paycheck" for either of those cases.

You did forget, right?

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RDCanecutter

RDCanecutter 26871

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37 minutes ago, Ollie Slatt said:

The work is already free to use/copy/distribute, but not to alter or incorporate into a larger work (i.e., making a derivative work).  Sounds like they now want to make a derivative work using something you did.  As a first step, you may want to ask them what they plan to do with the cartoons.  

Whether you own the copyrights depends on the specifics of the agreement you did with them ten years ago.  But the fact they are contacting you now for permission suggests they probably think you own the rights.   

 

 

So lemme get this straight: on the off-chance that I don't really have copyright (I think the long-lost contract said "work-for-hire", but maybe it didn't), it actually frees me up to make new things with the art if I get UT to make it open to Derivative Works?

Like, they could do their thing, I could do mine, Kevin Morgan can do his, but my scans would be better than Kevin Morgan's scan because he's working off crappy 150dpi screenshots, and I'm making crisp new 2400dpi scans off of originals?

 

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NeverMarryAStripper

NeverMarryAStripper 22277

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27 minutes ago, RDCanecutter said:

So lemme get this straight: on the off-chance that I don't really have copyright (I think the long-lost contract said "work-for-hire", but maybe it didn't), it actually frees me up to make new things with the art if I get UT to make it open to Derivative Works?

If you don't have the copyright, then you would have to be a licensee in order to make a derivative work.  In other words, the copyright holder would have to grant you a license.  Keep in mind I am not a copyright attorney, or even an attorney of any kind, nor did I stay at a Holiday in Express last night.  My comments are made only from reading the copyright law book that I used to register a copyright and threaten to sue my ex for copyright infringement during our divorce.

Edited by NeverMarryAStripper
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TwiceHorn

TwiceHorn 32071

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1 hour ago, RDCanecutter said:

So lemme get this straight: on the off-chance that I don't really have copyright (I think the long-lost contract said "work-for-hire", but maybe it didn't), it actually frees me up to make new things with the art if I get UT to make it open to Derivative Works?

Like, they could do their thing, I could do mine, Kevin Morgan can do his, but my scans would be better than Kevin Morgan's scan because he's working off crappy 150dpi screenshots, and I'm making crisp new 2400dpi scans off of originals?

 

Unless you were employed by UT, actually an employee, not an independent contractor, it wasn't a work made for hire, regardless of what the agreement said (but see following "paragraph").

As the author, you are the owner of the copyright, by default.  Only an assignment with language conveying the entire right title and interest in and to the work, in writing, would change the ownership.

So you are probably the copyright owner.

As owner, you retain the exclusive right to make derivative works, unless you give it away entirely or partially.  So you can do whatever tf you want.  It's other people that operate under your license.  As noted, under the prior CC license, you did not authorize anyone to make derivative works, under the new license, you authorize everyone.

 

Also, a derivative work is just about anything still "recognizable" as your work that isn't a direct copy.  Any alteration of the original, incorporation into other media, etc. etc. is a derivative work.

Also, here are the explanations of the various CC licenses, in layman's terms, with links to the legalese. https://creativecommons.org/licenses/

Edited by TwiceHorn
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