Wichita, KS asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas

Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final revisions come through which I will then use on my software and that everyone will get their fair share. I'd like to do this in the most legally recorded manner, so as to prevent any future aches and pains after launching the product. I would like to mention that some of whom are helping are not 18 yet and I'd have to get their legal guardian to sign.

Who, how, and what can I use to sign off the assets they produce so that once the transaction is finalized, the assets belong to me and I'm free to use them commercially? (Please bare with me if this is a basic question. I'm pretty new to litigious matters!).

2 Lawyer Answers
Barbara Berschler
Barbara Berschler
Answered
  • Intellectual Property Lawyer
  • Rockville, MD

A: Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place from the creator of a work, who is not an employee, before it is created, then that person owns the copyright in the work as soon as it is fixed so others can perceive it. As for those who are under 18, generally as minors they cannot be contractually bound. Most likely you would need to get the permission of their legal guardian.

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You should have a contract drawn up by an attorney and with a special focus on the intellectual, intangible nature of the work.

It is basically a contractor, commission work contract.

Best luck.

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