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Intellectual property of digital picture book - what rights do we sell?

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Hello!
Does anyone know where to find info on how IP rights are dealt with for PB characters (which are created by both writer and illustrator)? This is strictly for a digital platform.
I'm also wondering how to spell out which rights are sold for digital platforms (for contracts).
Thanks!
Jean
 
#1 - March 13, 2015, 09:59 PM

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Characters would go under trademark law--not an area to venture into without a lawyer, IMO.

Are you looking for a sample contract, or information about how to sub-divide subsidiary rights, or...?  I don't know of any online resources in those areas but will be interested to see if anyone else does.
#2 - March 14, 2015, 08:39 AM
Harold Underdown

The Purple Crayon, a children's book editor's site: http://www.underdown.org/
Twitter: http://twitter.com/HUnderdown

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Harold,
I hadn't considered trademark vs. copyright, but at least that gives me a direction to research.
A sample contract would be great.  I found this one online:  http://direidi.com/content/sample-contract which deals with electronic rights for writers.

Clarification of question: if a PB character is made up of the sum of the illustration and text, then how does one determine future payment for subsidiary/secondary rights (plushies, film, animation). It isn't royalty based, and it can't really be 'owned' by either the illustrator or the author since it is a shared work. What does the writer's/ illustrator's contract need to state to be clear on these rights and how does one grant them and define what value is being exchanged?

The more I learn about contracts, it seems the less I know!
Thanks!
Jean
#3 - March 14, 2015, 11:35 AM

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