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this client wants everything!
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« Antwoord #30 Gepost op: Maart 11, 2010, 04:47:33 »

That's the starting point indeed: is it an Industry Standard ?
I think it is. Never heard otherwise.

Outsourcing:
My fears where the same, but I think the real threat is still some years away ...

Stories like: 'Finally after 1.5 years I get what I tell tell to make', are the things I've heard. And which company/ freelancer can afford that ?

And I've 'tried' it myself ......
But most of the time I do not get a detailed answer to a detailed question ...
And in this/ any business that's mandatory for efficient co-working, non ?
And keeping this low-hour-rate-promise in control, in case of all the corrections that have to be made, just because they say yes, but don't know the H#ll what you're talking about, is the real threat, in my opinion.
The client does not wait, deadlines hardly ever move, and surely not on your request ...

So I never got any further then that ?
There must be exceptions, though, I'm sure < haven't met them yet ....

So for now, I'll keep my business in my country, not cause I'm against it, but it just does not work (yet) ..... (for me)

@
If we have to hand over all the source files, these files would include content we paid licenses for (like Evermotion models). How would our client have the "right" to get these?

In this specific case you could buy the cd for the client, not uncommon pratice, I think ?
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« Antwoord #31 Gepost op: Maart 11, 2010, 04:55:38 »

And one thing I forgot to ask. Why do you want to have the source files?

And please don't get me wrong, I'm not attacking you on this. I find this an interesting discussion that a lot of people in the 3D business have dealt with!
« Laatste verandering: Maart 11, 2010, 05:07:44 door Freddie Dingo » Gelogd
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« Antwoord #32 Gepost op: Maart 11, 2010, 05:02:30 »

I feel Martin V's comments arent consistent, or maybe i get it wrong.

On one hand u say:

Of course good communication is key.
My view is that, me getting the model should be the standard and if you want to charge me for the actual model, than you should warn me in advance and maybe I’ll except.
Don’t come afterwards with the comment “Yeah but that’s how it’s always done” because there are no set rules for this.

(you are implying there is an industry standard)

But on the other hand u say:

I don't agree with the logic but that is indeed how it is done for centuries in the architects business.
In the 3D-bussines there is no real president for this kind of thing yet, because the bussines is too young.

So, can you please explain this?
Gelogd
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« Antwoord #33 Gepost op: Maart 11, 2010, 05:12:42 »

I feel Martin V's comments arent consistent, or maybe i get it wrong.

On one hand u say:

(you are implying there is an industry standard)

But on the other hand u say:

So, can you please explain this?

I was not implying an industry standard, but stating what I felt it should be.
Thats why I started with "I feel"
But really I'm not intrested in a "here you say this" discussion.

If you disagree with me, or my comments upset you, than tell me why and I'll try to explain or excuse myself.
Gelogd
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« Antwoord #34 Gepost op: Maart 11, 2010, 05:31:48 »

Ok, but then this discussion is just a matter of opinion where u have certain expectations that dont seem to match most artist's expectations. If i were you i would take the inititative and talk with the artist in advance about this subject and i wouldnt expect to own the source files at default.

I dont know the law rules, but i think u dont own the source files unless noted in the contract.

You could also see it like this. When the artist only hands in the final product and not the source files, he's already working at a discount price. When u want the source files, you need the pay the full price Wink .
« Laatste verandering: Maart 11, 2010, 05:34:31 door Hupie » Gelogd
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« Antwoord #35 Gepost op: Maart 11, 2010, 05:38:30 »

And one thing I forgot to ask. Why do you want to have the source files?

And please don't get me wrong, I'm not attacking you on this. I find this an interesting discussion that a lot of people in the 3D business have dealt with!

No worries, thats also why I'm stating my case. I think it is an interesting discussion subject.

Why ask for the work files:

- because in some cases its quicker when I make small changes myself, or take over the whole thing and finish it myself

- or when the project comes back to haunt me in the future, I do not want to be forced to ask for the vendors help, because at that point they know that I have no choice so can ask whatever they want.

- A very large part of our models are company specific and can be reused in future projects.
Whoever works with us for a while builds a library items. The larger that library becomes, the more valuable it becomes for my company, because there is months/years of work invested in it.
We don’t want to make an unconditional commitment for life with that any vendor that automatically builds a library through working with us.

I can probably come up with a few more reasons, but these are the first ones that come to mind. (at the end of a long day)
« Laatste verandering: Maart 11, 2010, 05:55:03 door Martin V » Gelogd
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« Antwoord #36 Gepost op: Maart 11, 2010, 05:53:28 »

Ok, but then this discussion is just a matter of opinion where u have certain expectations that dont seem to match most artist's expectations. If i were you i would take the inititative and talk with the artist in advance about this subject and i wouldnt expect to own the source files at default.

I dont know the law rules, but i think u dont own the source files unless noted in the contract.

You could also see it like this. When the artist only hands in the final product and not the source files, he's already working at a discount price. When u want the source files, you need the pay the full price Wink .

I gues you could look at it like that  Smiley

Beleive me this is the first thing I put on the table when talking to a potential new vendor. (I won't fall for this secret trapdoor again)
The reason that I'm so involved is the endless amount of backtalk I always get from "you" guys. Wink
« Laatste verandering: Maart 11, 2010, 05:57:06 door Martin V » Gelogd
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« Antwoord #37 Gepost op: Maart 11, 2010, 06:01:39 »

Doesnt it all come down to whether its in the contract or whether it isnt? If it doesnt state in the contract that u have to hand over the source files, but only the final product, i guess the artist can keep the source files for himself if he wants to. Offcourse u can expect to get the source files, but whether u get them is another issue.

But in your (martin v's) case, if you just put it in the contract and the artist is ok with it, then u shouldnt get any issues, right?

Looking at the TS, if it wasnt in the contract, i guess he doesnt have to deliver the sourcefiles legally.

But again, im no law expert.



Gelogd
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« Antwoord #38 Gepost op: Maart 11, 2010, 06:03:14 »

@ Martin V: Ah OK, so we have to make a difference here in contract relationship. You are talking Contractor - Subcontractor contract. That is different from a Client - Contrator contract, in which the Client is a professional in different area then the Contractor. For instance: a real estate developer versus an architectural illustrator. In the Client - Contractor contract I would never give away source files. In the Contractor - Subcontractor, the delivery of the content can be mandatory.
Gelogd
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« Antwoord #39 Gepost op: Maart 11, 2010, 08:17:37 »

- because in some cases its quicker when I make small changes myself, or take over the whole thing and finish it myself
And thus fuck up the model, and after wards blaming me the model is faulty ? Because that is what will happen and has happened in the past. not for me any more. Or they do some horrible changes to it, and then I hear from a colleague , hey Pim that's your render, right ?

on the other hand, there are situations where I exchange models. Sometimes I buy them, sometimes I sell them. Sometimes I specific ask a colleague to make me a 3d model and then take over the materialising/lighting/rendering part. I even have a contract with another colleague that for certain clients we can freely use each other's models made for these clients, so client is not forced to work with me of him but has some degree of freedom, I guess it all just depends with who your dealing with. I did some work for rather large companies and they explicitly hired me to make a set of models and train in-house people to use them. self-evident that the model will be theirs. And they got it without any nasty raytracer settings baked inn Wink

having said that, i'd like to emphasize Mark's reply.
Your situation seems to be different indeed from mine /some of the guys here.

hefty discussion by the way.
Gelogd
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« Antwoord #40 Gepost op: Maart 11, 2010, 08:36:11 »

The way I see it, clients pay for a product, be it stills, animations, models, gamelevels, or whatever.
He pays for the time it takes to create these products.

Sourcefiles are a tool for the artist, not part of the final product. So the client has no claim to these files.

Like Quizzy already showed us in this link:
http://www.youtube.com/watch?v=R2a8TRSgzZY&feature=fvst

In a restaurant, you pay for a meal, not the recipe!
Or do you disagree with this practice too?

Kind regards, Rik
Gelogd
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« Antwoord #41 Gepost op: Maart 11, 2010, 10:23:53 »

This is an interesting discussion and one that comes up every once in a while over the years that I am in this business.

In all the discussions about this, that I have been following in various forums, the consensus seems to be the same: "The client pays for the end result", in CG that means the stills or animation or any other multi-media result, unless there is an agreement on delivering the source files as well, in a contract.

Comparing it with a photographer that never gives out his originals, is a very good one I think. Another one could be MS giving out their source files for windows (will never happen).

I don't know for sure if there is any legal way we are protected in this. Once we had an architect(!) asking for the max files and we said no, he even threatened with legal sues. Back then I used to work for a huge multinational and also had legal men working there. And from what I remember is that this sort of thing is under copyright. Guess that architect found out the same as we never heard back from him.

From my opinion it's clear. We are artists with technical skills and usually spent years to get were we are to spit out the awesome shiny results clients ask for. And to just give the source files to clients so they can mess it up or pass it on to their next contracter, no way. It is our pride and joy you don't just give that away!

So if a client want the source file, fine, but only when agreed upon ahead the job starts. I client that thinks he has the right to get the source files by default is either very naive or very disrespectful.
Gelogd
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« Antwoord #42 Gepost op: Maart 12, 2010, 01:50:51 »

the issue we have is NOT that they want the modelling done, the level to be made as usual .. no

the issue is that they want all the .max models and the source UDK file as well as the level so they are free to make changes later if we are not available
why are you calling this an issue? This should not be an issue if you have the terms of delivery worked out correctly with your client? So what was agreed on that you would deliver to the client, is the main question here.
In your original quote did you mention your sales conditions or did the "big name" wanted the project to be done according to their purchasing conditions? Both conditions should mention something about source code, copyrights, intelectual property rights etc.

I had one of my clients change their purchasing conditions, because I could not do a project for them otherwise. They stated that every source code copyright could be transferable to them. And that after the project they would own all the copyrights. I said "Sure I can do that, but you dont have that amount of budget" (Making every single element myself like characters, mocaps, trees, textures, etc etc)

1. If a client commisions modelling work to me, they will pay for the models only, and will only get the models.
2. If a client wants models with textures, they will get both. If I need to use copyrighted textures I will not give them to the client but tell him where to get it.
3. If a client wants stills they will get images in JPG, TIF, TGA or other formats at any resolution they want.
4. If a client wants animations, they will get the animations in a few different formats.

points 3 and 4 are the most discussed here, and frankly MartinV you're completly missing any point if all the stuff you wrote above was also aimed at points 3 and 4 in this post.
All my clients want a fixed quote from me in advance.
I want complete freedom in any choice I make during the design/modelling phase when it comes to tools, software, textures, models, mocap data etc etc etc.. that I bought which are copyrighted and have non-tranferable copyrights on them (like the majority have)
In case of point 3 and 4, the client hires me for visuals not for education.

Ow and I already give away a lot of free stuff to the community.

And yes, if you look at the restaurant scene: My max scenes are the recipes, and my visuals are the food on the plate that the client asked for.

Its all a matter of being clear to the client what they are paying for and what they will recieve at the end of the project.
Gelogd

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« Antwoord #43 Gepost op: Maart 12, 2010, 09:23:28 »

if the client would like to get the model too, how should the modeller act if he also used bought content like trees, cars or people or so? Mostly this content is not allowed to be sold again.
Gelogd
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« Antwoord #44 Gepost op: Maart 12, 2010, 10:10:44 »

if the client would like to get the model too, how should the modeller act if he also used bought content like trees, cars or people or so? Mostly this content is not allowed to be sold again.

This point already came up earlier in the discussion.
You could repurchase them and than bill the client for that.
« Laatste verandering: Maart 12, 2010, 10:13:42 door Martin V » Gelogd
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« Antwoord #45 Gepost op: Maart 12, 2010, 10:11:47 »

I have to say I really like the restaurant clip but we're not just talking about an evening dinner.
When there are tens of thousands of Euros involved it does get a bit more complicated.
It’s not like the chef can force me to come back to his restaurant the next time I get hungry.

I also discussed the photographer’s comparison with some colleagues.
They tell me that, yes the big names in photography are able to do this, but the average photographer will usually give his negatives without much of a fight.
They rather keep a good relation with the client than start a fight on principle.

Another comparison that came up where DTP’ers, when you ask them for the Indesign or Illustrator files there is never any discussion, while the same logic of paying for the final images could be applied.

I would like to comment that I think I’m not completely missing the point.
I just disagree with the first reactions in this topic that where along the lines of “no never ever give them”, “automatically double your price if you do” and “clients like that are pure evil  Devilish
« Laatste verandering: Maart 12, 2010, 10:15:17 door Martin V » Gelogd
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« Antwoord #46 Gepost op: Maart 12, 2010, 10:25:50 »

And thus fuck up the model, and after wards blaming me the model is faulty ? Because that is what will happen and has happened in the past. not for me any more. Or they do some horrible changes to it, and then I hear from a colleague , hey Pim that's your render, right ?

For the sake of argument lets assume for a minute that not all clients are completely incompetent fuckups.
I know it’s a bit far fetched but humor me will you.  Smiley
Gelogd
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« Antwoord #47 Gepost op: Maart 12, 2010, 10:35:13 »

well, there is a big difference between clients. (as stated the example above is something happened to me). I'm not saying every client is, or my clients are, but I've met quite a few. and I stopped working with them, btw.

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« Antwoord #48 Gepost op: Maart 12, 2010, 10:42:03 »

...
It’s not like the chef can force me to come back to his restaurant the next time I get hungry.

Not when you are hungry no, but if you want to eat the same dish with the same quality and design, but just a little more (or less) mayonaise...
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« Antwoord #49 Gepost op: Maart 12, 2010, 12:35:04 »

I also discussed the photographer’s comparison with some colleagues.
They tell me that, yes the big names in photography are able to do this, but the average photographer will usually give his negatives without much of a fight.
They rather keep a good relation with the client than start a fight on principle.

Yes, but have you thought about why that is? Might it be that the "little" photographer finally gave in because of the pressure from clients? Doesn't mean they are happy with it or "doing the right thing".
I hope the CG community will not give in to this "david agains goliath" nonsense.
But again there is nothing wrong giving the source files as long as there a mutual agreement on the terms, but it doesn't come naturally. If I buy a car I know I just get the car and not the blue prints or the design drafts.
Gelogd
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« Antwoord #50 Gepost op: Maart 12, 2010, 12:44:41 »

Like Marc already stated, there is a big difference between sub contracters doing work for contractors as opposed to client-contractor.
I work mostly for clients, end users so to speak. I think Martin is hiring sub-contractors mostly to do modelling, texturing and lighting. Well if he is comissioning those free-lancers to do sub-contract work, ofcourse he is right, cause he is paying for those specific skills and end result.
But it all comes down to the the terms of delivery, its absolutely not an automatic thing, at least not with my projects, cause I mostly get hired to doe stills or animations.

« Laatste verandering: Maart 12, 2010, 01:13:56 door quizzy » Gelogd

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« Antwoord #51 Gepost op: Maart 12, 2010, 01:08:39 »

This point already came up earlier in the discussion.
You could repurchase them and than bill the client for that.
uhm, that would never work..... make an image for lets say $100, and then charge the client a few hundreds more to purchase all the content?? They'll be ROFL.
In attached image the client would have to pay for everything besides the streets and pavement.
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« Antwoord #52 Gepost op: Maart 12, 2010, 01:36:46 »

uhm, that would never work..... make an image for lets say $100, and then charge the client a few hundreds more to purchase all the content?? They'll be ROFL.
In attached image the client would have to pay for everything besides the streets and pavement.

True, but then the clients still has the choice to only go for the final jpg or ask if it is possible to just get the building.
(nice image by the way)

A bit of flexibility goes a long way.
I have also had a case the other day where the vendor was a bit sensitive about his “unique” lighting settings.
We settled on him sending me the model stripped from its materials and lights.
Not what I preferred but creating my own lights and materials was faster than continuing the discussion.
(I did get the feeling that they quickly scaled the whole scene to a random amount like 16.55446688994, just to make things difficult for me)
« Laatste verandering: Maart 12, 2010, 01:42:41 door Martin V » Gelogd
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« Antwoord #53 Gepost op: Maart 12, 2010, 03:20:30 »

True, but then the clients still has the choice to only go for the final jpg or ask if it is possible to just get the building.
And how am I suppose to give him a fixed price before hand when I don't know what content I'll be using in the final image? Totally unworkable.
I do have a little statement in my qutoes though that my client can buy additional rights. But I can and will not put any price tag on that upfront. Thats why I siad in my first post: Double the money or triple it, these are very common and standard rates for copyrights etc..
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« Antwoord #54 Gepost op: Maart 12, 2010, 04:04:51 »

"I have also had a case the other day where the vendor was a bit sensitive about his “unique” lighting settings. We settled on him sending me the model stripped from its materials and lights.
Not what I preferred but creating my own lights and materials was faster than continuing the discussion."


Let me get this right. You paid for, let's say an image/animation made by your client. Then you ask for the model/scene. You then (try to) copy the light-settings and materials to make a small adjustments (assuming that's what your going to do with it) to the product (image, animation etc.) you originally ordered?!?
Gelogd
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« Antwoord #55 Gepost op: Maart 12, 2010, 05:49:10 »

Let me get this right. You paid for, let's say an image/animation made by your client. Then you ask for the model/scene. You then (try to) copy the light-settings and materials to make a small adjustments (assuming that's what your going to do with it) to the product (image, animation etc.) you originally ordered?!?

This is going a bit too much into detail, but ok.
This was about a building (one of our own office buildings) that was rendered for another department.
Now, a few years later, I needed to make some renders of this same building and found out that it had already been modeled at some point, so why do things double right?

I heard what they had charged us earlier and believe me; they must have been very satisfied at the end of that project.
Sure they where nice renders, but nothing super special.
With latest possibilities in 3D-rendering, I definitely would have redone all of their materials and lights anyway.

So we called them and nothing was possible, we had to let them do the project or no deal.
When they realized that was not going to happen, they wanted a ridicules amount of money for something they had already been overpaid for 2 years earlier.
In the end we settled on just the geometry.

It would have been very well possible, that we would had asked them to help us out, when a week later I was pulled away to work on another project.
But no, for some reason we never contacted them again.
Gelogd
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« Antwoord #56 Gepost op: Maart 26, 2010, 03:12:35 »

in my situation issue resolved
the client gets all source files and we go on with the next stage of the job .. let go and move on

but took us a while to get there

obviously a hot topic!

thanks for all the feedback
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« Antwoord #57 Gepost op: Maart 29, 2010, 10:52:16 »

in my situation issue resolved
the client gets all source files and we go on with the next stage of the job .. let go and move on

Good toe hear that you came to an agreement where both parties get something out of it.
In the long run that is the only way to maintain a lasting relationship where both parties trust each other.

Digging your heels in the sand out of principle and/or refusing to find a solution where both parties are happy, makes a positive negotiation result impossible.
You might get a win this time but if the other party feels he has lost, than you can count on the fact that he'll make your live difficult the next time you meet.
Gelogd
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