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Old 11-22-2012, 02:28 AM   #1
nfrancisj
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Does Sony Pictures own your art portfolio?

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Old 11-22-2012, 08:21 AM   #2
cojam
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I can only call it as it is - legalized piracy.

But your eternally damned, and worse, if you try to rip one of their blu-rays, or mod a playstation.

and with the cloud coming this kinda crap is only going to get worse (we've seen AD & Adobe on here).
 
Old 11-22-2012, 08:36 AM   #3
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Wow, I really cannot believe what I just read. Now I am wondering if there truly is something this dumb written out there or if this is just a prank. But still, wow.

Hey anyone know how to ruin companies credibility? Well Sony has your answer.
 
Old 11-22-2012, 08:46 AM   #4
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Welcome to the real world, Neo.
 
Old 11-22-2012, 10:04 AM   #5
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Terms and conditions can go both ways. When you submit, write on your cover letter something like the following:

"By accepting this submission, you agree to assert no rights over the submitting artists work and intellectual property."

Just because it is written, does not mean they won't accept an amended agreement.

But really, the bottom line is that if the good artists are frightened of these terms, they probably won't apply, which means that Sony is missing out on attracting talent which will only hurt them in the future, which will probably lead to the terms being changed when enough damage is done. Natural selection at work...

Last edited by Njen : 11-22-2012 at 02:39 PM.
 
Old 11-22-2012, 11:39 AM   #6
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That sort of contract wont hold in a court. I would ignore it.
 
Old 11-22-2012, 11:44 AM   #7
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Another case of the legal department completely over-reaching. Although if this causes a stink it completely serves them right, the reputational damage is thoroughly deserved.
 
Old 11-22-2012, 11:50 AM   #8
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Last I checked, every studio has something like this, though maybe not as clearly spelled out.

In most cases, it's a simple bases-covering clause, to make sure the studio can't be sued if one of their artists just happens to come up with the same idea as a job applicant. Sony appears to be taking it further than just covering their bases, though...
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Old 11-22-2012, 01:05 PM   #9
cojam
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Good luck with getting them to sign your agreement....I dont see it just as a legal dept covering... nor that it wont hold up in court.

Because they specifically say you cant submit work that you've done for other companies. They know those companies will go to court and win it they use their work, whereas you the individual, with your own creations wont have the time nor the sums of money needed to sue them.

Everyone should submit storyboards to them made out of stick figures, see how they like it.
 
Old 11-22-2012, 04:41 PM   #10
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This is kind of like the Autodesk terms and conditions we discussed in another recent thread.
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Old 11-22-2012, 06:31 PM   #11
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Sony has been going downhill for the last couple of years.

This latest example shows once again how poorly the company is run.
 
Old 11-22-2012, 06:35 PM   #12
cojam
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Quote:
Originally Posted by Dillster
This is kind of like the Autodesk terms and conditions we discussed in another recent thread.


Even Autodesk dont dare say when you work on the cloud....

any intellectual property or materials […] shall become the sole property of SPE to the fullest extent permitted by applicable law and will be considered “works made for hire” or “commissioned works” owned by SPE.
 
Old 11-22-2012, 10:11 PM   #13
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Quote:
Originally Posted by PsYcHZ
That sort of contract wont hold in a court. I would ignore it.


I'd like to agree with this sentiment, but...

Hypothetically speaking, if this did result in SPE stealing something from a artist's portfolio (concept art, storyboards, etc) and was something which the artist owned the rights to - essentially any original non-commissioned portfolio pieces. Who has the time and money to fight a contractual dispute like this with Sony in court?

The (hypothetical) artist in question who does try take it to court will likely have their reputation dragged through the mud by Sony's lawyers. As an additional bonus they can also expect a non-sympathetic public, who tend to view these types of things as a seedy individual trying to get rich off the success of an honest and hard-working media corporation.
 
Old 11-22-2012, 10:46 PM   #14
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Quote:
Originally Posted by earlyworm
I'd like to agree with this sentiment, but...

Hypothetically speaking, if this did result in SPE stealing something from a artist's portfolio (concept art, storyboards, etc) and was something which the artist owned the rights to - essentially any original non-commissioned portfolio pieces. Who has the time and money to fight a contractual dispute like this with Sony in court?

The (hypothetical) artist in question who does try take it to court will likely have their reputation dragged through the mud by Sony's lawyers. As an additional bonus they can also expect a non-sympathetic public, who tend to view these types of things as a seedy individual trying to get rich off the success of an honest and hard-working media corporation.


In this scenario we should create a "test case" to test the courts. What I would do is send some absolutely killer s%$t to multiple companies that have the same policies as Sony - postmarked as sent at the same time. Then, I would decline the offer to join their company.

Hopefully, multiple companies would then claim the work as their own and develop new IPs off my work. I would then sue and claim that it is indeed mine and that the clause they have is unconstitutional.

The courts would make their decision, appeals would be heard and we would get the answer in a few years. Then, a few years after that I or someone else would test the court system again, in a slightly different way.

This is the only way to get a definitive answer. Anything else is speculation. I studied the law in college for 6 years before switching to 3d. I could represent myself quite well infact.
 
Old 11-23-2012, 03:29 AM   #15
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Quote:
Originally Posted by bergj
Hopefully, multiple companies would then claim the work as their own and develop new IPs off my work. I would then sue and claim that it is indeed mine and that the clause they have is unconstitutional.


In your 'test case' scenario I'm curious as to what would your legal argument be? And how would this be unconstitutional? I can see this being argued under copyright or contract law, but not constitutional law (I'm not terribly familiar with the US constitution).
 
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