Who gets residuals

[Wassdeet]

CA

I recently funded my book thru xxx and raised $2000 for my book. I said I would pay three people from the funds for their functions. There was someone who created illustrations, a formatting person for the book and a person who did the color front and back. These were what I would call "Work for Hire."

Now, after the whole thing finished, and I paid each one, the artist is asking about residuals. I told her that she doesn't get residuals as she took payment ($650.00) for her work. I'm not new to this business but just wanted to see what you might see. She feels that there are thousands of dollars to reap but I said that if she wanted residuals she would have to return the "work for hire" but she feels she should have more.

The format person and the front/back cover are okay.

I really think there's no case here, but some of you will probably have issues -- or not.

 

[quincy]

CA

I recently funded my book thru Xxx and raised $2000 for my book. I said I would pay three people from the funds for their functions. There was someone who created illustrations, a formatting person for the book and a person who did the color front and back. These were what I would call "Work for Hire."

Now, after the whole thing finished, and I paid each one, the artist is asking about residuals. I told her that she doesn't get residuals as she took payment ($650.00) for her work. I'm not new to this business but just wanted to see what you might see. She feels that there are thousands of dollars to reap but I said that if she wanted residuals she would have to return the "work for hire" but she feels she should have more.

The format person and the front/back cover are okay.

I really think there's no case here, but some of you will probably have issues -- or not.

You did not include a residual clause in your contracts? If a residual clause is not included, the party with the copyright receives all additional subsidiary rights. Since subsidiary rights mean money, contracts should make clear to whom these subsidiary rights belong.

 

[justalayman]

a person that provided "work for hire" product could be owed residuals if that is in their contract.

the issue you may have is this:

These were what I would call "Work for Hire."

it doesn't matter what you call it. It's what the law calls it.

Nobody here can read whatever contract you have with these people so it is impossible to say what relationship you have with them.

the copyright office has this to say about the matter:

Definition in Law
Section 101 of the Copyright Act (title 17 of the U.S. Code) defines a “work made
for hire” in two parts:
a a work prepared by an employee within the scope of his or her employment
or
b a work specially ordered or commissioned for use
1 as a contribution to a collective work,
2 as a part of a motion picture or other audiovisual work,
3 as a translation,
4 as a supplementary work,
5 as a compilation,
6 as an instructional text,
7 as a test,
8 as answer material for a test, or
9 as an atlas,
if the parties expressly agree in a written instrument signed by them that the
work shall be considered a work made for hire.

so, is the work "work for hire" under any of those situation, including the express agreement in writing and signed by them that the work shall be work for hire product (since they obviously were not employees and producing product within their scope of employment).

 

[quincy]

I am thinking that Wassdeet didn't have any contracts drawn up ... and no rights transferred from the artist to him.

For someone who is "not new to this business," it appears Wassdeet has made some pretty big (rookie) mistakes.