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Dear D.Artist,

this offers refers to you, as to other D. Artists who wish to:
- candidate their images to my offer
- develop a new image to submit for this offer (Very appreciated!)

I have a project, I'm developing a free game that will be released in April-May 2013.
This game will probably reach thousands of people in a few months and many more in a few years.

In the first phase, I grant you Credits and website address reference on any image of yours.
When it will turn commercial, you will also earn an annual income, calculated in a percentage.

Do you want your image, with your credits (name and website), to be in this game since its very start?

The contract provides you that:
- in the first phase of the game, it is free, and I grant you visibility granting credits and web reference to you.
- in the second phase it is released on the market, so it turns commercial, and I also grant you an annual income..

This way, I legally bind myself to pay you an annual percentage of the income, and will always grant your credits and web reference address.

No strings attached, and you will check it in the contract you will receive if you accept to submit your images to this offer.

If you want to, write in a message to me your email address, and I'll contact you with the contract form to fill and send back (of course you keep a copy of it).

The contracts will be mass-sent when the selection of artists and images is full.

Among my favourites you may see which images I would like.

1) The form you will receive (if you accept my offer, please send your email in a note message)___________________________

The form you will receive will regard:

a) your allowance to license the free usage of your image in the game to me, until the game is free and it's considered in the Start-Up phase,
b) your allowance for Commercial use in the second phase of the game development, to grant you a percentage on the income from a potential future commercial use of the game.

It is a legal contract, so you have to print it, sign it, and send it back to me. Keep a copy of it for you of course.

My lawyer is taking care of it, so please be patient if my explanation is not exact, but the concept is here and I hope it's clear enough.

2) The Percentage you will earn after the Start-up phase of the game________________________________________________

This percentage will be granted for any artist that joined, and it's calculated by the following formula:

A = Total income from commercial use of the game in a year (365 days from its beginning as commercial use, according to the beginning of the 2nd phase)
B = Expenses for game maintenance, (web servers, production of game updates, digital and eventually material distribution, promotion, translation).
C = Number of Artists that contributed to the game used for commercial use
D = Number of images of that Artist in the game used for commercial use

X = result of the income of an Artist for an image of his/her own, used for commercial use in the game, calculated each year.
Y = result of the income of an Artist for more than 1 image of his/her own, used for commercial use in the game, for that specific year.

(A - B) / C = X.

If this Artist has given more than 1 image in the game used for commercial use, his earning is equal to Y.

Y = X * D.

So, X is the earning for who gave just one image, Y is the earning for who gave ore than one, calculated for that year.

Both X and Y grant an annual income, directly proportional to the used images, and reversely proportional to the number of artists (but of course if there will be more Artists it will be because the game will have expanded, and so there will be more Total income for everyone, and expenses are fastly reduced by digital solutions also after game updates).

Example 1 - (in this examples units are €uros, computed on an annual basis):

(200,000  - 50,000)  /   500  =  300€
  Total     Expenses    Artists  Income for each image this year
 in a year

Example 2 - Let's say expenses are more:

200,000 - 150,000 / 500 = 100€

Example 3 - Let's say if incomes are less (but also expenses are, I'm not stupid), but you gave 3 images that had been used:

50,000 - 5,000 / 500 = 90€             But you gave 3 images, so...   90 * 3 = 270€ this year

I guess this (although very basic example, to be easily understandable) is not bad at all, for your images, you, and your pocket.

Don't you think? :)

3) The Deviant Artists that joined and are pending to receive the form for 1 image or more are actually:_____________________

Flavio 77

I wish to thank you all for your trust, and please help to make this list longer.

So I can mass-send the form and shortening the time of work :)
Add a Comment:
warped-reality123 Featured By Owner Jul 24, 2014
was this ever  released ?
gothicmaniow Featured By Owner May 29, 2014
lol bit like a pyrimid selling scam .. does not get my vote ;)
mishihime Featured By Owner May 17, 2014  Hobbyist Digital Artist
All artists who are thinking of signing this contract...
Think about what he is offering you.

1. You have no idea how profitable this game will be. It could make very little money.

2. You are getting paid essentially after everyone else. Out of the total profits, he will have a share, part of the money will go to servers / maintenance and then finally the artists

3. You will be competing against a bunch of other artists for scraps.

Typically, an artist will be contracted to create art for a company, they get paid a high hourly wage just to the do the work (which can factor in the cost of copyrights) then they get royalties on top of that. They don't give away their art and copyrights for essentually free and then pray someone will throw money at them in the future.

4. He is making you sign a legal contract, drafted by a lawyer who's interests are his client, not what's fair for you.

Whenever you sign something like this, you need to have a lawywer review it, there could be hidden terms in there. If you don't have a lawyer, you are just blindly accepting terms. Contracts should always be negotiated between lawyers. If you do not have a lawyer you are at a disadvantage.

The bottom line is this, NEVER give someone your artwork in exchange for 'recognition' or 'credit' people will tell you that you're getting 'exposure' that is a lie. You will end up getting very little if not anything. "Exposure" is what people and companies tell people when they do not want to pay them.

I urge you to make sure you really want to do this.
postmodernman Featured By Owner Jul 17, 2013
inezuu Featured By Owner Jun 12, 2013  Student General Artist
Was this game actually released?
Thing is, you can't really expect people to trust you, when you're not even stating what sort of game this is, or what sort of art you would specifically need.
Point is, it sounds like a fishy scam.
hawkeye280 Featured By Owner Mar 3, 2013  Hobbyist Digital Artist
sure, you can use it for your project. Let me know when it´s done.
Yogi-Bhai Featured By Owner Mar 1, 2013
Sorry for my late reply, I just come back from a long trip in Rajasthan (India).
Regarding my picture of Matsumoto castle #2,
yes you can use it in that way.
Just let me know when it turns commercial.

Wish you all the best for your free video game project, sounds very good and beautiful!

Best regards
Yogi bhai
SerLemon Featured By Owner Feb 9, 2013
I don't think the math quite works out there. For example, assume all 37 artists listed have their work put into your game. Without actually knowing how many pieces of artwork each artist is putting in the game, let's assume that the total number of works is 45. Let's assume that means that 8 of the artists contributed 2 works each, for simplicity.

If y=[(A-B)/C]*D, income for the 29 artists that contributed 1 piece each is (A-B)/C, and the income for the 8 artists that contributed 2 works each is [(A-B)/C]*2.

Using your last example, let's say income was 50,000 and expenses were 5,000. This means that the 29 get [(50,000-5,000)/37], which is about 1216€, and the 8 get [(50,000-5,000)/37]*2, which is about 2432€.

Total income due to all the artists combined, then, would be (29*1216)+(8*2432), which is approximately 54,720€, which exceeds total yearly income, let alone profit! Even had each artist contributed only 1 work each, the total due would be equal to the profits! You can't make money if you just give it all away like that!

Perhaps you meant that the percentage would be taken from this number, not that this was the actual amount that they would receive?
Aerozopher Featured By Owner Feb 13, 2013
aaah interesting.
Sammavanklaarbergen Featured By Owner Feb 7, 2013  Student Digital Artist
What kind of pictures would you need? Can just anyone join in?
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