# How do people handle "ownership" in writing commissions?



## LoganGreypaw (Feb 26, 2018)

This is just something I was wondering about.

I've commissioned art before, and when you do that, there are usually terms regarding who retains ownership of the final piece. Sometimes the piece still belongs to the artist (i.e. the commissioner can't _sell_ posters of it or something) but the commissioner might retain ownership of the characters in the piece.

How do people tend to handle this with written commissions? In the future, I'm thinking of doing some writing commissions for free, to try and cope with unexpected briefs from people and see how I get by. But how should I phrase this ownership stuff?

I just ask because if someone wants their fursona in a YCH story, then it might place limits on where I can re-post it or how to use it.

Anyway, just wondering if someone has already put a bit more thought into this.


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## Rumby (Feb 26, 2018)

Hmm I'm just going off what I put in my TOS though it's for art commissions I think some is still applicable to stories.

You can put like that your writing/story/written commission works is copyrighted by you, and you reserve the right to redistribute your work (like posting it in your gallery, etc)
And that commissioners/clients cannot claim your work as theirs and cannot make profit off your work, etc. 
You don't claim the client's character(s) in your work as yours; they belong to their respective owners.
You could limit them redistributing your work too, saying something along the lines they require yours (and/or the commissioner's) explicit permission to share it, redistribute it.. (this one sort of depends on what you're comfortable with so lol)

Something like that though. Hopefully it helps a bit ^^


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## ChapterAquila92 (Feb 27, 2018)

That would depend on the specific nature of the commission requests you're opening for, the terms of service you're establishing, and whether or not either you or the commissioner are looking to get at least some of the final product published in some way (like, say, as part of a larger anthology). It's hard for me to say, as I haven't had much interest nor knowledge in _commissioning_ someone to write _for_ me (despite having attempted to set up a writing commission side-business myself at one point), but at the same time I have on occasion made the odd request to people who have expressed genuine interest in writing tie-ins to one of my settings.

On that note, one thing to keep in mind is that the amount of IP the commissioner wants included in a story can mean the difference between "I'm requesting you to write a story featuring my character in a given situation" and "I'm _hiring_ you to write a story within one of my settings". It would therefore be in your best interest to evaluate whether or not you are willing to take on the latter requests at the potential expense of relinquishing copyright ownership over the final product (you would still retain the right to be credited for the work, of course, not to mention the right to negotiate for royalties on subsequent sales).


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## quoting_mungo (Feb 27, 2018)

In the eyes of copyright law, there shouldn't be a major difference. You own the copyright to the specific written work unless specifically agreed otherwise, and the character owner retains ownership of their intellectual property, which they have granted permission for you to use in your work.

The major thing that would possibly limit where you can post the story would probably be the nature of the character (eg Inkbunny prohibiting human characters in adult situations).


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## KichiMiangra (Mar 1, 2018)

Wasn't sure if I should ask here or make my own almost identical to this thread but I've got a question regarding this same topic but of a slightly different flavor?
I'm unfamiliar/very new with writing commissions (buying not selling them...)  but this topic has them sounding like you're paying someone to essentially write a fanfiction of your characters, and as such you still own your characters but they own the story that they wrote.

Where my alternate flavor question comes from is this:  I like to draw comics, but my writing is too slow to keep up, so what I want to commission is someone who can work from my relatively detailed outlines, turn them into a story format script, and then hand them back to me to begin drawing into it's final comic format.  How would one handle ownership in that particular situation?  One where both the story and characters are mine but I needed a middle man to help smooth things out in between?


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## quoting_mungo (Mar 1, 2018)

KichiMiangra said:


> Where my alternate flavor question comes from is this:  I like to draw comics, but my writing is too slow to keep up, so what I want to commission is someone who can work from my relatively detailed outlines, turn them into a story format script, and then hand them back to me to begin drawing into it's final comic format.  How would one handle ownership in that particular situation?  One where both the story and characters are mine but I needed a middle man to help smooth things out in between?


Legally, you'd probably have to ask a copyright lawyer. From your description it sounds like your credit might look something like this:
Story & art: @KichiMiangra 
Writing: <writer>

(I'm using "story" in the literary theory sense.)


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## Austin Silver (Mar 17, 2018)

I don’t give a damn.  If you want to steal my work, I don’t care.  For me, it’s about the creative process.  It’s the right thing to do, crediting people, but if it doesn’t happen to me, I only get slightly pissed.  I choke it down and write more.


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