percent of a character

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percent of a character

Postby stevencassidy13 » Thu Apr 30, 2009 12:33 pm

is it possible to own 50% of a character? me and an aquaintance are putting together a website, based around a single character that im designing, hes doing the technical stuff and writing and im doing the illustration. we have agreed on a certain percent of profits to be divided between us. i was just wondering if officially we could each own 50% of the character himself. just incase this thing happens to go viral, all the value will be in the character himself. what im trying to do is set up a situation where i cant burn him and he cant burm me. thanks in advance.
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Postby HellboyOne » Thu Apr 30, 2009 1:06 pm

Yup.
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Postby FlipMcgee » Thu Apr 30, 2009 4:52 pm

Get a notarized signed written agreement (a contract if you will) between you and your partner describing who owns what.
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Postby stevencassidy13 » Thu Apr 30, 2009 7:22 pm

okay thanks fellas, i am assuing id be able to get legally binding contracts done online somehow, to save some trees, i havent looked into yet yet though am i right?
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Postby ARROW » Thu Apr 30, 2009 10:38 pm

stevencassidy13 wrote:okay thanks fellas, i am assuing id be able to get legally binding contracts done online somehow, to save some trees, i havent looked into yet yet though am i right?

If you want to "save trees" you probably don't care as much about your character as you should.
If you are concerned about ownerships issues, do yourself the favour and get the contracts drawn up by a lawyer.
They will represent your interests, supply you with advice and a document that will serve you should ANY disagreements arise, and probably prevent some headaches in the process.
If your creation really takes off, it could be the best money you ever spend.
"We all grow older, we do not necessarily have to grow up"--Archie Goodwin
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Postby stevencassidy13 » Thu Apr 30, 2009 11:35 pm

by save trees i just meant conveniant, and its not that i dont care about my character enough, -that was the point of the topic. i was just wondering if there was a way of doing it online that would be just as effective as hiring a lawyer.
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Postby ARROW » Fri May 01, 2009 9:12 am

stevencassidy13 wrote:by save trees i just meant conveniant, and its not that i dont care about my character enough, -that was the point of the topic. i was just wondering if there was a way of doing it online that would be just as effective as hiring a lawyer.


Well, the thing about doing it yourself is that if you make a mistake or an assumption, it could cost you.
Sadly, its a common conceit that lawyers and their services cost too much, but with legal matters such as contracts they are the experts.--and they can tailor things to your specific needs.
The thing is though, that drawing up a contract can be done on your own--any agreement signed by both parties can be considered to be legally binding, BUT legal advice can bring to your attention all kinds of things that you might have overlooked, and that are worth putting into the agreement. A lawyer may charge less for just advising than they will for preparing such documents for you.
The rule of thumb I have learned is that if you have any doubts on this sort of stuff, consult a lawyer.
"We all grow older, we do not necessarily have to grow up"--Archie Goodwin
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Postby emceeONE » Fri May 01, 2009 10:01 am

I agree with ARROW. But it's good to go in prepared an ask the right questions because when they charge by the hour, it's better to have a checklist to ensure you have all your bases covered quicker.

Go to your local library and get one of those basic do-it-yourself partnership agreement books. They'll have templates, often the same templates many lawyers use (yes, they use templates too).

Look it over with a dictionary close at hand. Write down any questions, go to a lawyer. A simple partnership agreement isn't always enough, be sure to have a dissolution agreement built in as well in case things fall apart.
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Postby stevencassidy13 » Fri May 01, 2009 10:47 am

okay thanks for the feedback guys, much appreciated :D
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Postby Mystic 7 » Fri May 01, 2009 12:04 pm

Almost all lawyers will give you up to one hour of telephone consultation for free. And as other board members have already pointed out have your questions ready. This type of contract is quite simple (at your stage) and a boiler plate is often used. You want to share the copyright, have a 50% equity stake and equal say in how the intellectual property is exploited. The agreement must also have a buyout clause, which simply means that if one partner loses interest in the property the other partner can buy his share for fair market value.

Never draft an agreement yourself. Lawyers do have compassion and many will reduce their rates for artists. Never be frightened to interview a lawyer. The best will always answer your questions honestly, patiently and respectfully. Get a quote from them in advance of having any work done.

And pay attention to what Arrow said. That's experience talking.

Peace.
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Postby stevencassidy13 » Fri May 01, 2009 1:36 pm

thanks mystic7, ill consult a lawyer and get something airtight done up
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