RE: [Ogf-l] Open content in contracts between authors and publishers?

[Matthew Hector]

Tavis,   My sense would be that if you are a writer working on content for a game to be released under the OGL, you would want to have a separate agreement with the publisher that outlines how your content can be licensed under the OGL.  However, it also depends on what contract you have (if any) with the publisher of Behemoth3.  For instance, if you are essentially creating a “work for hire,” you will have different (and possibly fewer) options than if you are creating content and then licensing it to the publisher.  It also depends on what you really want.  Royalty agreements are nifty, but they also require some negotiation and possibly an attorney to CYA.  The same goes for licensing agreements (which are sometimes part of a royalty agreement, and should be).     It seems like you’ve considered all of this, however.  :)   I think you’re on the right track with your ideas regarding a contract that basically states what OGC you are developing and how much you’ll be paid up front for that OGC.  You’re right that publishers want to be able to make the most of their investment when they pay someone to develop content for them.  Other considerations are that the contract needs to say that it is not work for hire.  The relationship between author and publisher you describe seems to be more of a paid contributor of OGC.  If any content you generate is to be considered PI, I’d argue that it demands a separate agreement, or at least different compensation, especially because you are essentially licensing all rights to use that content to the publisher.       Matthew Hector, Esq. [EMAIL PROTECTED]   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Tavis Allison Sent: Thursday, December 29, 2005 9:52 AM To: ogf-l@mail.opengamingfoundation.org Subject: [Ogf-l] Open content in contracts between authors and publishers?   I'm wondering if anyone has developed a contract that explicitly deals with the issue of the author's work being released under the OGL by the publisher. When I write for Behemoth3, I want the kinds of rights I enjoy if I'm writing fiction under a SFWA model contract. If most or all of what I write is OGC, some of those rights are going to fall by the wayside -- I'm not going to have the same kind of control over how my work is reprinted or attributed, or by whom. And although I generally prefer royalties, there's no way for me to ensure that I get paid for each publication that has my OGC work in it. When I put on my publisher's hat, Behemoth3 wants to have maximum flexibility in using an authors' work. The provisions of the SFWA model contract are designed for a different publishing environment than gaming, and it's at best frustrating and at worst disastrous to need an author's permission before each different kind of legitimate use I might come up with. Work for hire contracts are the ordinary solution to a publisher's needs in gaming, but it seems to me that a contract based on an author being paid to develop OGC, which anyone can then reuse under the OGL, does a better job of meeting the desires of both authors and publishers. The publisher gets full reusability, and has first crack at publishing the OGC plus the ability to get the Word files from the author, request specific edits and additional materials, etc. The author gets to have the OGC attributed to them and can get paid up front without signing over their rights to the publisher; instead, they're just giving up their rights to the OGL as they would have to anyway. Any experiences with how the OGL works in the author/publisher relationship, or thoughts about the ideal way to handle its role? - Tavis ----------------- Behemoth3: http://www.behemoth3.com Otherworld Excursions: http://www.otherworldexcursions.com +1 (877) 623-3264 [EMAIL PROTECTED]

_______________________________________________
Ogf-l mailing list
Ogf-l@mail.opengamingfoundation.org
http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l