They can't sell something they don't have the rights to. That's very basic law.
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Well, they can, that's what license agreements are for when commissioning an artist.
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It's the same thing when you commission an artist. You pay them to make art for you, & it's yours afterwards. Basquiat's family can't take back all the work he sold lol
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You're missing the point, aren't you? This isn't a hundred years ago where an artist produced something and sold it off, for good. Bungie is asking the contestants to relinquish their title as creator to produce shirts. Sure, the artist gets a commission for the general acquisition of the design, and from each sale of the shirt, but then Bungie goes ahead and takes the work and uses it for anything else [i]across the universe[/i]. There are better agreements made from corporations commissioning works from artists- we don't even know how much the shirt will cost nor the amount the artist will get from the commission (flat and per shirt). It's a bum deal.
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How can you say it's a bum deal when you yourself just said you don't know how much the artists will get from the deal? Bungie is giving artists a chance to get their design out to a large audience & get paid for it. Anyone that's considering entering the contest can feel free to make a design & try to sell it themselves if they want, but if they want a chance for their artwork to be sold [b][i]BY BUNGIE[/i][/b], they need to give Bungie the rights to it. How is that unfair to anyone?
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[quote]How can you say it's a bum deal when you yourself just said you don't know how much the artists will get from the deal?[/quote] Opinion so far is that the average commission per shirt would be 12 percent, and assuming the shirt is 30$ that'd net the artist just under 4$ a shirt (ignoring the commission for the design itself). [quote]Bungie is giving artists a chance to get their design out to a large audience & get paid for it.[/quote] Outside of the "This Week at Bungie" preceding the contest they're not going to promote that this design was made by such-and-such an artist. According to their terms for the contest 3.b waivers all rights, 3.c forbids any involvement in a civil-suit, or lawsuit (class action or otherwise). 3.a also gives them domain over the entry, whether it won the contest or not, forever throughout the universe, so outside of the one shout-out and the 700$ you're going to get from the (that's just about 200 people) during it's release window. That's a mortgage payment. The issue for me isn't the money they'll be making, it's the waiving of rights that would allow the creator to use that work to promote themselves, or anything like it. Take into account that most of the people playing this game are kids, and a lot of them are between the ages of 13 - 25. I just want people to understand what they're getting into, instead of blindly agreeing to a ToS that I have one issue with (3.b).
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Like I said, anyone can feel free to sell their design themselves without entering the contest, but $4 a shirt sounds like a sweet deal for only doing a design & letting someone else take care of all the marketing & sales. The contract is pretty boiler plate for promotions like this. Nothing wrong with spreading the word, but don't demonize it lol
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[quote]Nothing wrong with spreading the word, but don't demonize it lol[/quote] D- Demonize?! I don't know what you're talking about! [quote]That's not cool, Activi- Bungie.[/quote] ...