Hello!

I represent Solid Stage (www.solidstage.com; you will only see a placeholder page with our logo), a new indie game development house.  I have worked on several shareware titles in the past.

-- EDIT --

In response to the criticism posted below, allow me to say this: I don't care how we phrase the agreement, as far as legalese goes, so long as we both feel that we're protected.  I expect to pay you fairly for your time, and, in return, to recieve the right to use your art royalty-free (unless royalties are specifically mentioned in our agreement) in and around my game project.  I ask for source files (which probably won't even exist, given that this is pixel art) in the event that I need further work done and you are unable to be reached or unable to take the contract.

-- END EDIT --

This is a paid assignment, and its terms are standard.  I will expect to pay you either per tile or per tileset once the work is complete and I am satisfied, and to recieve full rights and all source files (i.e., PSDs, models, whatever, not just bitmaps) in return.  You will also recieve, if you so desire, an appopriate mention in the game's credits by either your name or your studio's name.  You will be free to use anything you create in your own portfolio so long as it is not distributed in a way that others can use it for their own projects, and so long as you keep our dealings confidential until I announce or release my project.

Our engine can read any major graphics format (TGA or PNG is my personal preference), and can handle a different number of frames and a different frame speed per sprite, if you so desire.

I expect that tilesets will be about thirty tiles each, almost entirely static (I actually cannot think of any reason you would want to animate any of the tiles, but, then, I'm not an artist), and significantly repetitive.  I will probably want one tileset initially, and might easily be sold on more if I am particularly impressed or if you can present me with a good idea for other tileset themes.

There will also be maybe a dozen other icons (a score icon, an alarm clock icon, etc.--typical puzzle game fare).  These might be better suited for animation.

What do I want from you?  First, a statement that you don't have a problem with the terms I've listed above in the second paragraph.  Second, a quote either per-icon/tile, per-tileset, for the whole project, or however else you would like to be paid.  I regret that I have had bad experiences with by-the-hour artists in the past, and I would rather not recieve by-the-hour quotes.  Finally, I'd like to see some of your work.  I'd prefer to recieve a URL, but you can also send me attachments.

This may well turn into a working relationship as I work on new projects, if you are interested.  The artist I've been using for the past few years now has a full-time job, great as he is, so I am looking for someone else.

If you're interested, my personal address is .

Thanks so much,

Solid Stage


Edited by oberstille - 05 May 2010 at 4:51pm

These are the terms I have always employed artists under; I am trying to protect myself, not to take advantage of anyone else.  As I mention, you retain the right to advertise what you've created as your work, and to recieve credit to it.  The fact that you assign the copyright to me allows me to use the art in the game, on the game's website, in promotional screenshots, etc. without you being able to sue me or sell what I've paid you to create to someone else.

To clarify, I am not saying that I want *the only copies* of all of the source files and end-result bitmaps, only that I want a copy of them.  This is in case the artist cannot be found in the future when I need to have additional art made that matches the existing stuff.

How is an artist being screwed over by these terms?  I'm not sure I see what I could do with the art under these terms that the artist wouldn't expect me to be able to do.  If there's a more politically correct way to phrase this exchange, please let me know; I certainly don't want to take advantage of anyone.

As a footnote, I used to not formally insist on this happening, since I assumed that my having the right to use the art was simply an inherent part of the understanding reached when I paid an artist to create art for a game.  However, I worked on a project with some people who had a scary story to tell.  In a project of theirs, the art was contracted out in much the same way as the art for this project is being contracted out--the game was advertised as an indie game, and they paid the artist for what they assumed to be the right to use the art in the game (and the word "royalty-free" was specifically mentioned).  However, once the game became successful, the artist began threatening to sue for royalties, claiming that since the game had sold several thousand copies and was being distributed in multiple places, it was no longer an "indie shareware game."  They wound up having to get a lawyer to send him an expensive letter explaining that he was legally in the wrong before he left them alone.


Edited by oberstille

I'd have to disagee, jalonso...  Work-for-hire contracts are usually the norm in freelance work, even in pixel art.  Generally, companies will want full copyright to anythign you make for them, including source materials.  Usually, the pay is higher on work-for-hire contracts, as it ends your ability to sell the artwork again, if a similar project arises.

The only thing that "can't" be sold (at least in Canada, and I'm fairly sure the US as well), even if someone tries to write it into a contract, are "moral rights."  These are the right to paternity, the right to integrity, and the right to knowledge of use.  Basically the first just means you get credit for your work.  The second means that the client can not change the work without your knowledge and consent.  The reason for this is that their changes may make your work look like crap, and with your name attached, it reflects negatively on you.  The third just means you get to know how the work is being used...it wouldn't be cool if you built a reputation as a children's book artist, and a company put your work in a porno mag, for instance.

Everything he's posted seems kosher...

I'm an MIT student, actually.

The position has been filled... thanks so much to everyone who replied (I think I've sent a response to everyone, but you never know).