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[Nix]

When commissioning artwork, music, etc. from freelance artist, is there anything specific, legally, that you need to do to guarantee your rights and ownership of the assets? Is a simple statement from the artist along the lines of, "I hereby transfer ownership of these pieces of art to you," enough?

[Vino]

No. If you're serious about all this you need to get them under what's called an Independent Contractor Agreement and for that you need a lawyer.

[supershigi]

You don't actually need a lawyer.  There are a lot of contract templates online that you can use for this purpose.  I've worked as a freelance musician with indies and large companies and I've never needed to use a lawyer.

This is slightly off-topic, but were you at Spongen for a while Nix?

[Nix]

This is slightly off-topic, but were you at Spongen for a while Nix?

No, different Nix. Which isn't that surprising with such a short name, I guess.

[obscure]

You don't actually need a lawyer....

That is true provided you are a lawyer yourself or you actually know enough about Intellectual Property law to know if a generic contract template you found actually provides all the protections necessary.

Just because you get through projects without any trouble that doesn't necessarily mean that the template you used was OK. It may just mean that there wasn't a dispute that needed settling and that the project went smoothly. It is when there is a problem that you find out if the contract is actually worth the paper it is written on.

[zircon]

While I can't speak to art specifically, I'm a freelance composer so I've dealt with a lot of music contracts. There are a few key things to look for when you're dealing with contractors:

1. "Work for hire" (WFH). You need to spell this out in the contract. If you aren't absolutely 100% clear that the job is "work for hire", you could conceivably run into difficulty later, so there is no harm in specifying this. If you are deeming the contractor's work as WFH, it means that the copyright is automatically transferred to you, the employer, in exchange for some consideration (typically financial.) It is as if the contractor never created it to begin with. If you do not specify WFH but talk only about transferring rights, the relationship could be confused for 'licensing', where the contract is basically letting you BORROW his or her copyright (perhaps only aspects of it), but its still theirs as well. Not necessarily what you want.

2. Assignment. While WFH is important, there is no such thing as a contract that is too specific (at least, IMO.) You want to specifically say that the contractor is ASSIGNING, in its entirety, in perpetuity and irrevocably, the work specified in the agreement, to you, the employer. There is not much room for ambiguity there.

3. Consideration. You need to give your contract proper consideration, in writing, for the work they are assigning to you. If you do not pay them up front, or only promise them a share of the profits down the line (as is common), they could conceivably later say that you didn't offer any legitimate consideration for their work, which would void your agreement. Since the United States takes copyright very seriously, it basically doesn't like to see anyone literally GIVE UP their copyright completely to another person or entity without there being some sort of clear exchange. So, in short, pay your contractors appropriately and spell out this consideration in the contract.

Hope this helps.

[supershigi]

That is true provided you are a lawyer yourself or you actually know enough about Intellectual Property law to know if a generic contract template you found actually provides all the protections necessary.

Just because you get through projects without any trouble that doesn't necessarily mean that the template you used was OK. It may just mean that there wasn't a dispute that needed settling and that the project went smoothly. It is when there is a problem that you find out if the contract is actually worth the paper it is written on.

I agree that you shouldn't go using any random template off the internet, but I don't believe that you need to be a lawyer or an expert in IP law to determine the legitimacy of a contract.  You can often validate the template's source, and research the particular terms included in the contract.  There's a big difference between a random contract that you find off of a dubious website, and a contract that has been drawn up by an entertainment lawyer and donated to a community of artists who have used said contract in several business exchanges.  There are plenty of legitimate templates out there.  For example, I'm part of an audio community that has an attorney who regularly contributes informative articles and sample contracts which many members have used in their work.   

[Jonathan]

When commissioning artwork, music, etc. from freelance artist, is there anything specific, legally, that you need to do to guarantee your rights and ownership of the assets? Is a simple statement from the artist along the lines of, "I hereby transfer ownership of these pieces of art to you," enough?

Supershigi is right, you don't actually need a lawyer.  I've been involved in the video game industry since its origins, and I'm also a lawyer certified in the state of California.  Over the years I've witnessed cases where a contract written in layman's terms was able to bind parties to an agreement.  People often forget that contracts written in layman's terms (provided that they clearly outline the intentions of both parties and specifically outline compensation terms and what not) are not rendered unenforceable just because they aren't filled with legal jargon.  When a court evaluates a contract that was drafted in the absence of a laywer (and without use of proper legal language), the contract will be interpreted based on normal use of the language it was written in. 

My advice to you if you want to write a layman's contract is to be very specific and comprehensive about what you want.  If you want to own the rights make sure that the artist relinquishes all of his rights and that he will never ask for them back.  Make sure that the compensation terms are clearly outlined in terms of time as well as money.  Write your contract to be as clear and obvious as possible because the more obvious it is, the more likely the court will interpret it in your favor.  And remember, just because your contract doesn't contain legal language, this doesn't make it unenforceable in a court of law. 

That is true provided you are a lawyer yourself or you actually know enough about Intellectual Property law to know if a generic contract template you found actually provides all the protections necessary.

You really don't need to be a lawyer or an Intellectual Property law expert in order to do this.  As lawyers, I know we like to think that our services are ultimately necessary at all times, but in today's day and age it's getting easier and easier for folks to be able to educate themselves on the language of simple contracts.  There are plenty of legal resources available to indies who cannot afford a lawyer, and most of these contracts are boilerplate anyway... as long as the indie is willing to educate themselves on the contract's terms, and as long as they make sure those terms are in line with their expectations, then they will be fine.