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Old 18-07-2012, 02:21 AM   #1
Bob Marley
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Exclusive rights on a 3D model? How does it work?

Hi everyone,

I have a question troubling me.

I have some 3D characters on turbosquid or similar sites for sale.
Occasionally I get some emails from persons that purchased one of my character asking me about getting " exclusive rights " on the model.

Now as I m only a 3D artist, I m not really good with all this business plan or legal stuff that goes around all this, if you get what I mean.

So what I m really asking for is, how can I put a price on something like that??

As depending on the size of the company or the reason the model will be used for, the price would vary drastically.

So if I could get any sort of feedback or ideas on how to handle this, it would be really appreciated.

Now a bit more details about all this:

The company interested at the moment seem to be a fairly big company growing and trying to be on the International market, as I understand it at the moment (I ll get back with more info as I go).

The kind of questions I will be asking them so far is:

- Will you be using it for logos/Print/Web Pictures or for animation?

- Will it be used only in " your country " or world wide?

- How long would you want the exclusive rights for?

- As it s a fully rigged character, would you want me to animate it or create some artwork with it?


That s the first questions I will be asking the company, but then I m not sure where to go from there.

Do I want to sell it once for a big amount and then I would have to delete it from all the site I m selling it from? Will I still be able to use it afterwards for my personal projects? What about the other persons that already purchased the model? Should I sell it for a small price but then ask for a percentage on how much they will be making because of it?

I m really lost with all this stuff : (

So if you have any website with information on how to handle this or if you want to share some feedback or personal experience, I m all ears.

Thanks you guys for your time and help.

Last edited by Bob Marley; 18-07-2012 at 02:25 AM..
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Old 18-07-2012, 06:27 AM   #2
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Not sure if this helps but I'll write it down

One photograph I do (the one client approves) is roughly 100€ (average monthly salary here is a bit lower than 700€ but for math let's say it like so)

My price didn't even change when i was asked to make 100 photos for a cookbook.

Few months back I spoke to a company that wanted me to do photos of their juices, each flavour few angle shots - their budget was 1000€ - trouble is they wanted all territorial and time rights - meaning they can use it whenever and wherever as long as they wish - I turned down the offer saying job like that would cost them 1000€ for each photo chosen, not 1000€ for everything. My price went up 10 times then, and this is something that is done in this manner.

Exclusive rights is basically taking your 3D model from you and saying you can't use it elsewhere and it's theirs to do as they wish - you are out of the picture.
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Old 18-07-2012, 08:36 AM   #3
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Thank you rocneasta for your feedback, that is exactly what I have been reading, for exclusivity it varies between 4 to 10 time the price without exclusivity.

Did you get the job for the juices photos??

Now it brings me other questions, lets say I would sell the character for $500 without exclisivity, I would sell it for $5000 for exclusivity lets say.
If the company make a lot of money because of it, I would feel so terrible : (
Also if I leave it on turbosquid at some point I might get up to $5000.

It is such a hard choice to make, but thank you for your feedback, really appriciate it.
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Old 18-07-2012, 08:54 AM   #4
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No Bob,

as far as the juice job nope i didn't get it since i knew what budget they had in the first place, but i pretended to be dumb and sent my proposition anyway just to make a statement.

A lot of times companies are trying to find someone to do the job for a price no one wants to do - if we stay professional they will never be able to get it - but unfortunately that is not the case...

I never felt bad about it, just angry as how the biggest juice companies went about doing their business. Shame really - but they have dreamstime for it and a designer to change colours via hue and saturation + colorize for all i care
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Old 18-07-2012, 09:23 AM   #5
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"if we stay professional they will never be able to get it - but unfortunately that is not the case..."
That is sooo true and its such a shame.

I ll wait until tomorrow and see if I get some more feedbacks on the subject than I ll send them an e-mail, and I ll come back with some updates.

Thanks again.
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Old 18-07-2012, 09:41 AM   #6
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ok, i agrea with roc about them exclusive rights but i'll add my two cents from my personal experiance. i had this one catalog gig from a large companie that wantes to get some models but ceep all rights to them selves for these models cause they wanted to be unique and have a chance to do with these model what they want in future. so we made a contract of 10k our money + % from profit and projects they are making budget. so i spent 2k on a lawyer but earned 20k in the and am completeley calm about it cause if they will ever use these models in other projects - i'll get the money again .
its like with great tatoos - you pay for them and they are yours for all youre life but artistic rights belong to the artist for the rest of youre life .
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Old 18-07-2012, 10:14 AM   #7
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Amen to that paulius!
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Old 18-07-2012, 12:45 PM   #8
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Hey Paulius, I m not sure if I understood everything, sorry. So you sold some models for 10 000 + % of whatever profit they would make?
And so to get this on paper you paid a lawyer for 2 000? And so you got 20 000, that was the % of whatever profit they were making?
Let me know if I understand this correctly, it s pretty late here some maybe I m just tired. But thanks for you personal experience.

I still have a question unanswered, What about the other persons that already purchased the model? I don't have any control on what this persons are doing with it.

Cheers
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Old 18-07-2012, 12:49 PM   #9
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profit is really simple - let's say you create a new design for a coca cola bottle - they pay you fir the design and small percentage per bottle sold - that way you don't make a big & huge favour for them, cause the entire world would love the new bottle shape, but at the end enjoy the effect your idea/design made.

As far as the guys that already bought your model, you have no power over it no, although if it comes to that, it's a hard point to prove - cause the guy that bought your model could have sold it to another company or gave it to them etc, and since they wouldn't have a paper trail of the transaction you would have hard time proving the date of sale preceding date of selling the exclusive rights...
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Old 18-07-2012, 03:02 PM   #10
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Originally Posted by Bob Marley View Post
Hey Paulius, I m not sure if I understood everything, sorry. So you sold some models for 10 000 + % of whatever profit they would make?
And so to get this on paper you paid a lawyer for 2 000? And so you got 20 000, that was the % of whatever profit they were making?
Let me know if I understand this correctly, it s pretty late here some maybe I m just tired. But thanks for you personal experience.

I still have a question unanswered, What about the other persons that already purchased the model? I don't have any control on what this persons are doing with it.

Cheers
you understood it right. i sold a colection of model for 10k (few times bigger price than usual cause of the exclusivness they want) + i left my slef a gap in thei rights as a creator making them pay me for every project they make with these models adn i dont ever use these models my self. so its basicly selling confidentiality and guarantee that these models will never be used without their permition and so this makes their project unique in their busyness field.
as for paying a lawyer 2k - its a normal payment for a professionaly put tiogether contract - as i am not a lawyer or a professional contract maker , and my client had 6 of them i needed some back up in law questions so i wouldnt be foold by clients whoo allways want to get cheap.
so in your case i think you need some consulting to do with a man who knows laws in your country, cause you allready ran in to sone legal issues cause your client wount be the only one to have this model.

by the way - are we talking about your dino character??? i miss this little fella here

Last edited by paulius-st; 18-07-2012 at 03:05 PM..
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Old 18-07-2012, 04:57 PM   #11
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For me, this would be a pretty simple problem.

(these numbers are theoretical examples)
I make a model and it requires 30 hours.
Let's assume I normally would charge $50 per hour for freelance modeling. Therefore this model cost me $1500 to make for myself.
If I were to put this model on TurboSquid, I would estimate how many copies of the model I expect to sell. If I expect to sell 10 copies, I would list the model as $150 (1/10th of my cost to make it).
If someone asked for exclusive rights to the model, I would charge them as though I made it just for them as a freelance job - the original $1500.

However, this is where it might get really interesting. Suppose I sell 4 copies of the model on TurboSquid. Then, sometime later, a company wants exclusive rights to the model. Well, what happens to the 4 people who legally already purchased the rights to that model? I don't know how the law would handle this sort of thing. I would assume it would be illegal to grant exclusive rights to someone after you've already granted rights to others.
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Old 18-07-2012, 06:43 PM   #12
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I agree with buzzy 100%

Id be pretty confident you can't give somebody exclusive rights to something that's already in the public domain. you could probably make a deal saying you'll sell no more and work out a price on that basis or agree to make them a shiny new one at a fixed price
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Old 19-07-2012, 12:50 AM   #13
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Thanks guys,

This is really helpful!!

paulius-st: I didn't want to say just yet but, yes its the little dino we r talking about, and I was working on a short with him so.... makes it even more tricky to sell it now...lol

rocneasta: Well yeah that's a problem, maybe the company could buy back the model from this guys ( but I doubt they would do that ), but normally I think I read something that you can not resell model you bought of turbosquid but I might be wrong, I ll have to double check.

Buzzy: You have some good point, and your technique is pretty straight forward, but by selling a $1500 model, at $150 on turbosquid, it is very cheap and that is a problem that affects all artist by lowering so much the models sold on the net, as it was discuss earlier. But I totally see you point, thanks.

Poopipe: Thanks, that's probably what I should say, and see what they think about it, as they know my model is on the net as they already bought it, so they must know it might have been sold already i guess, or I hope.

Thanks again guys, I ll send them an e-mail today and let you know how it goes, fingers cross.
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