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Newbie
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Last Login: Monday, April 19, 2010 3:00 AM
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Im not sure if this is the right sub-forum but the question is somewhat pertinent.
A highway vis project I recently did is moving into another stage and the client is wanting to add the context sensitive solutions to the model/animation. Because of my previous experience with this client I am not sure if I want to accept the work.
If we decided not to do the work this leaves the situation that they still need the work done and would assumingly go to another firm to have it done.
My question is, am I obligated to provide my MAX files to another firm. I dont feel like its the same situation as say sharing CAD files with an engineer. This is a full model that we retain the rights to and never handed over to the client as part of the initial contract.
Just looking for some insight from someone with experience with a similar scenario.
Thanks as always,
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Veteran
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Last Login: Friday, January 27, 2012 4:50 PM
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Generally you are NOT obliged to send your files to another studio unless required by your contract. However, the models you make can be considered works for hire and therefore belong to your client. If you have explicit language in your contracts, saying that you own all geometry created, you're in the clear.
But, often is the case that what you did IS indeed a work for hire and you need to give it up, don't give it up without a fight! Just send them a fully stripped-down model (like in .3ds or .obj format). If they pitch a fit just tell 'em that your modeling techniques and tools are trade secrets and it's the only way to guarantee they aren't leaked :p Don't give 'em any maps or materials either. Those are trade secrets.
You can also agree to sell/license the model to the client for use in other projects and you can control the terms of that agreement.
Really it all boils down to your initial contracts and how they are interpreted.
Disclaimer: Tom is an idiot with no legal training, taking his advice is retarded.
THOMAS SHANNON
SENIOR DESIGN VISUALIZATION SPECIALIST
PB Project Visualization
http://www.pbprojectviz.com/
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Newbie
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Last Login: Monday, April 19, 2010 3:00 AM
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| This is great info and I think it is relevant to our situation. Thank you very much.
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"old dog"
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This is actually a great discussion topic. None of us are exempt from contractual issues with clients and the best way for us to have the upper hand is to have specifics stated in the contract. Typically these are spelled out in the Assumptions and Clarifications portion of the contract. Perhaps we should start a collection on this tread for people to pull from and use in their contract verbiage (which may open up other legal issues...). At least it would give everyone a starting point and have their legal department review. Here are a few that we typically use: - All data provided by the client is to be considered final and the 3D model will be created based on information in those files. Changes in the design/data will require additional time and budget
- All technical data should be provided in its original file format (i.e. DWG or DGN). Data provided by PDF, JPG or sketches will take time to convert and will incur additional time/costs.
- Unless specified in the scope, script, or storyboard, the 3D model scenes will be created with a “day time” lighting and summer type environment. Night time or other seasons will require additional time if not previously discussed.
- All animations will be rendered and delivered as either a PNG sequence or uncompressed AVI format in full HD. Transmittal will need to be through client side FTP or DVD via FedEx.
- All library assets used in the 3D scene will be pulled from our current 3D model library. Requests for specific vehicles can be made but may require additional costs to build or purchase.
- This cost estimate was based on the draft storyboard and script delivered on (date). Significant changes to the storyboard and script may require a revision to the cost estimate.
- Library content (vehicles, trees, people. etc.) and proprietary maps/materials used in the project model are not available for file transfer to the client or subs contractors.
Feel free to add/comment!
Glen Loyd
Lead Design Visualization Specialist | Parsons Brinckerhoff
www.pbprojectviz.com
 
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Member
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"old dog"
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