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CUPIXIntellectual PropertyIPLegal

Intellectual Property: CUPIX versus Matterport8007

flexcopmusic private msg quote post Address this user
Hi guys,

I'm curious about IP ownership for jobs. If I take on a job to complete a virtual tour and say I host it on Cupix on my account, I'm guessing I'd be the owner of the IP right?

What if a client wants to retain IP?

Anyone been in this position before?

Would appreciate any insights.
Post 1 IP   flag post
Louisville, KY
JohnLoser private msg quote post Address this user
In general, who owns the intellectual property is agreed upon before the work starts.

Our practice is to try to own the IP. Our price sheet and quotes state that we own it. However, if the client wants to own the intellectual property, I agree. I also do the following:
1. I try to charge a premium, usually 10%
2. I request a perpetual license to use the images as a part of my portfolio for advertising, marketing, etc.

(Barry Manilow wrote the well-known McDonalds jingle, but the McDonalds corporation owns it.)
Post 2 IP   flag post
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Atlanta, Georgia
DanSmigrod private msg quote post Address this user
@flexcopmusic

Matterport versus CUPIX for Intellectual property is a great question.

My impression with Matterport: While Matterport will tell you that you own the copyright, it's more like they give you the paper and ink and you can only display "your" 3D Tour in the Matterport 3D Showcase player: not offline (except within in their Showcase app) and no white-label.

My impression with CUPIX: It's your paper and ink and you can display it in the CUPIX player online or offline and you can get a white-label version. CUPIX takes the position that all the digital assets are yours to do as you wish.

Now, as @JohnLoser states, it's between you and your client regarding if you are licensing or selling your work. If you are silent on this point, my understanding is that you own the copyright. Not being clear on licensing (until the house sells? Forever? Restrictions?) or selling can cause challenges down the road.

Please note. I am not a lawyer. I do not give legal advice. Just sharing my thoughts.

Does this help?

Best,

Dan
Post 3 IP   flag post
flexcopmusic private msg quote post Address this user
@DanSmigrod @JohnLoser

Thank you both! Extremely helpful.

The client in question is a restaurant so the virtual tour would stay active for quite a while. I'm taking the on-going costs of hosting the tour with something like Cupix so I assumed it would be my IP.

I'm just not 100% clear what exactly owning the IP changes in this instance.


Again this forum has helped me out immensely.
Post 4 IP   flag post
Frisco, Texas
Metroplex360 private msg quote post Address this user
Cupix is not currently offering a white-labelled option, but has expressed a desire to provide this as a service in the future.
Post 5 IP   flag post
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DanSmigrod private msg quote post Address this user
Quote:
Originally Posted by @Metroplex360
Cupix is not currently offering a white-labelled option, but has expressed a desire to provide this as a service in the future.


CUPIX recently launched its white-label service:

CUPIX Launches White-Label Player for First 100 to Order

I (just) ordered the CUPIX white-label version. I expect it to be ready by Friday (19 Oct 2018), if not sooner.

Best,

Dan
Post 6 IP   flag post
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