**David, please read** Whaleman as a Trading Card
Posted: Thu Mar 07, 2013 10:16 pm
tl;dr Sunstone Studios wants Whaleman in their Kaiju Combat trading card game
and here are the legal issues that would allow it or disallow it depending on how you feel about the situation. Sunstone Studios would only be permitted to sell Whaleman's likeness, they would not gain ownership of his likeness. Permission is asked from both the Wolfire development team and the Overgrowth community, yay or nay?
If you remember from awhile back, Kaiju Combat was being Kickstarted and I opted to sponsor Whaleman as a character in the game. Though he was not selected to be implemented into the game, I have been reached by Sunstone Studios asking for permission to use his likeness for the Kaiju Combat trading cards they plan to sell. Despite my disinterest for said trading cards and partial butt-hurtness of Whaleman not making the cut for the game itself, I have no issues with Whaleman becoming part of their trading card series provided in the signing of the contract a) Sunstone Studios would only be permitted to use his likeness and not gain ownership over the likeness of Whaleman and b) this contract would not create conflict of infringement upon Wolfire should they decide to commercialize Whaleman in any way. I use commercialize lightly knowing that Whaleman is more of an inside joke within the OG community; nonetheless, I would hate to be responsible for ruining any plans Wolfire has for Whaleman.
The only reason I am complying to this degree is that I have been assured that the trading cards will not effect the development of Kaiju Combat as it is being done by a third-party and because they're doing it anyways, might as well have Whaleman. Should anyone feel that allowing Sunstone Studios to sell Whaleman's likeness as a choice made in poor tastes, than this will cease where it is.
Simon from Sunstone Studios contacting me:
"We've had a last-minute drop-out for our Trading Cards. Can I use Whaleman in the first card set?
I would need you to sign a contract granting Sunstone Games, LLC. permission to sell his likeness - you would retain all other rights."
My response,
keep in mind I have no intentions of signing anything without the approval of Wolfire Games and the Overgrowth community:
'It would in part seem strange to have Whaleman be a card and not in-game, so my answer would be no for the time being. Besides, I don't own rights to Whaleman. The likeness of Whaleman belongs to the devs and community of Wolfire Games and as such I'd like to keep from signing a contract that would sell his likeness without knowing other repercussions that might result from said contract. Should Whaleman's likeness within the Overgrowth community remain as it is, Wolfire having any and all rights to sell his likeness in the form of apparel or in-game character and various other forms of a product, I would agree to said contract. Should this contract cause any infringement issues of any sort for Wolfire, I cordially deny such contract. Keep in mind that Wolfire does not acknowledge Whaleman as their own copy-written character; rather, he is a creation by the community for the community and all concept art of him has been made for the community. For the time being, they have no plans to commercialize Whaleman; even so, I won't be the one to keep them from doing it should they choose to do so and that is the reason for this lengthy reply. Should this solely be a contract stating that Sunstone Games would have permission to sell Whaleman's likeness without ownership over his likeness, I shall agree.'
The response from Simon w/ contract attached:
"[My name],
Attached please find the contract which would allow Sunstone Games, LLC. to sell a Whaleman trading card. I believe you will find the terms quite generous - the creator of the character retains all rights, and grants to Sunstone Games, LLC. ONLY the rights to sell promotional materials with the character's likeness.
If Whaleman's likeness is owned by the Wolfire group, that group name would be entered into the top line, where it specifies the entity who has created the character."
The contract itself:
Collaboration and License Agreement
Recitals
1. ________________________________________(“the Creator”) has conceived a character in
the genre of giant monsters in which the Creator holds and shall continue to hold copyright. The
Creator seeks assistance with further development of their character concept and preparation of
the character that results for possible inclusion in the Kaiju Combat video game franchise, and
related promotional materials.
2. Sunstone Games, LLC (Sunstone) is in the business of creating, publishing, selling, and
distributing video games. It wishes to license giant monster characters that it may use when
creating games and in the marketing and promotion of its games and business in general.
Agreement
1. The Creator and Sunstone will collaborate to design one original monster (“the Character”)
using the Creator’s original concept and Sunstone’s technical and artistic skill and experience.
The Creator’s role in the collaboration will be ongoing conversations with Sunstone throughout
the design process and the Creator agrees to be available for these conversations at ad hoc times.
2. Sunstone will (1) discuss with the Creator the abilities, weaknesses, physical attributes, and
fighting style of the monster and record these details; (2) produce 1 high-quality piece of art
featuring the monster in action; (3) write game design documentation as necessary.
3. The Creator irrevocably grants to Sunstone the sole and exclusive right to create, publish,
distribute and sell video games which include the Character and the right to use images and
likenesses of the Character in its marketing and promotions through print, video, broadcast and
any other suitable media at its sole discretion.
4. Sunstone may create 3D models and animations of the Character at its own expense and to use
the Character as a playable character in a video game, but Sunstone does NOT guarantee this will
ever happen. Sunstone’s business is subject to market trends and investor requirements that can
change at any time. It reserves all rights to make decisions about what games to create, publish,
sell and distribute, and what characters to utilize, including the Character, based on its own
judgment applied to changing facts.
5. This agreement is governed by Oregon law and will be interpreted only under Oregon law.
Any dispute that arises from this agreement will only be decided in a judicial or arbitration forum
in Eugene, Oregon.
Sig_________________________________ Sig________________________________
Sunstone Games, LLC by its member the Creator
Simon Strange ___________201__ _________________ ___________201__
Date Print name of creator Date
[email protected] contact details________________________
(541)-343-9979 ________________________
2961 Powell St. Eugene, OR 97405 ________________________
and here are the legal issues that would allow it or disallow it depending on how you feel about the situation. Sunstone Studios would only be permitted to sell Whaleman's likeness, they would not gain ownership of his likeness. Permission is asked from both the Wolfire development team and the Overgrowth community, yay or nay?
If you remember from awhile back, Kaiju Combat was being Kickstarted and I opted to sponsor Whaleman as a character in the game. Though he was not selected to be implemented into the game, I have been reached by Sunstone Studios asking for permission to use his likeness for the Kaiju Combat trading cards they plan to sell. Despite my disinterest for said trading cards and partial butt-hurtness of Whaleman not making the cut for the game itself, I have no issues with Whaleman becoming part of their trading card series provided in the signing of the contract a) Sunstone Studios would only be permitted to use his likeness and not gain ownership over the likeness of Whaleman and b) this contract would not create conflict of infringement upon Wolfire should they decide to commercialize Whaleman in any way. I use commercialize lightly knowing that Whaleman is more of an inside joke within the OG community; nonetheless, I would hate to be responsible for ruining any plans Wolfire has for Whaleman.
The only reason I am complying to this degree is that I have been assured that the trading cards will not effect the development of Kaiju Combat as it is being done by a third-party and because they're doing it anyways, might as well have Whaleman. Should anyone feel that allowing Sunstone Studios to sell Whaleman's likeness as a choice made in poor tastes, than this will cease where it is.
Simon from Sunstone Studios contacting me:
"We've had a last-minute drop-out for our Trading Cards. Can I use Whaleman in the first card set?
I would need you to sign a contract granting Sunstone Games, LLC. permission to sell his likeness - you would retain all other rights."
My response,
keep in mind I have no intentions of signing anything without the approval of Wolfire Games and the Overgrowth community:
'It would in part seem strange to have Whaleman be a card and not in-game, so my answer would be no for the time being. Besides, I don't own rights to Whaleman. The likeness of Whaleman belongs to the devs and community of Wolfire Games and as such I'd like to keep from signing a contract that would sell his likeness without knowing other repercussions that might result from said contract. Should Whaleman's likeness within the Overgrowth community remain as it is, Wolfire having any and all rights to sell his likeness in the form of apparel or in-game character and various other forms of a product, I would agree to said contract. Should this contract cause any infringement issues of any sort for Wolfire, I cordially deny such contract. Keep in mind that Wolfire does not acknowledge Whaleman as their own copy-written character; rather, he is a creation by the community for the community and all concept art of him has been made for the community. For the time being, they have no plans to commercialize Whaleman; even so, I won't be the one to keep them from doing it should they choose to do so and that is the reason for this lengthy reply. Should this solely be a contract stating that Sunstone Games would have permission to sell Whaleman's likeness without ownership over his likeness, I shall agree.'
The response from Simon w/ contract attached:
"[My name],
Attached please find the contract which would allow Sunstone Games, LLC. to sell a Whaleman trading card. I believe you will find the terms quite generous - the creator of the character retains all rights, and grants to Sunstone Games, LLC. ONLY the rights to sell promotional materials with the character's likeness.
If Whaleman's likeness is owned by the Wolfire group, that group name would be entered into the top line, where it specifies the entity who has created the character."
The contract itself:
Collaboration and License Agreement
Recitals
1. ________________________________________(“the Creator”) has conceived a character in
the genre of giant monsters in which the Creator holds and shall continue to hold copyright. The
Creator seeks assistance with further development of their character concept and preparation of
the character that results for possible inclusion in the Kaiju Combat video game franchise, and
related promotional materials.
2. Sunstone Games, LLC (Sunstone) is in the business of creating, publishing, selling, and
distributing video games. It wishes to license giant monster characters that it may use when
creating games and in the marketing and promotion of its games and business in general.
Agreement
1. The Creator and Sunstone will collaborate to design one original monster (“the Character”)
using the Creator’s original concept and Sunstone’s technical and artistic skill and experience.
The Creator’s role in the collaboration will be ongoing conversations with Sunstone throughout
the design process and the Creator agrees to be available for these conversations at ad hoc times.
2. Sunstone will (1) discuss with the Creator the abilities, weaknesses, physical attributes, and
fighting style of the monster and record these details; (2) produce 1 high-quality piece of art
featuring the monster in action; (3) write game design documentation as necessary.
3. The Creator irrevocably grants to Sunstone the sole and exclusive right to create, publish,
distribute and sell video games which include the Character and the right to use images and
likenesses of the Character in its marketing and promotions through print, video, broadcast and
any other suitable media at its sole discretion.
4. Sunstone may create 3D models and animations of the Character at its own expense and to use
the Character as a playable character in a video game, but Sunstone does NOT guarantee this will
ever happen. Sunstone’s business is subject to market trends and investor requirements that can
change at any time. It reserves all rights to make decisions about what games to create, publish,
sell and distribute, and what characters to utilize, including the Character, based on its own
judgment applied to changing facts.
5. This agreement is governed by Oregon law and will be interpreted only under Oregon law.
Any dispute that arises from this agreement will only be decided in a judicial or arbitration forum
in Eugene, Oregon.
Sig_________________________________ Sig________________________________
Sunstone Games, LLC by its member the Creator
Simon Strange ___________201__ _________________ ___________201__
Date Print name of creator Date
[email protected] contact details________________________
(541)-343-9979 ________________________
2961 Powell St. Eugene, OR 97405 ________________________
