TYGlobe

Happy Year of the Horse! Today's AQ Dialogue covers issues related to outsourcing support. Let's see how Little Q helps Little A avoid potential pitfalls.

Pitfall 4: Failure of outsourced "support" services leads to hidden infringement risks.

Q: Xiao A, I have been feeling extremely fatigued recently. Since the concept artist left his post, we have failed to find a suitable candidate for the position. There are competent candidates available in other studios, so we plan to adopt the outsourcing model. From a certain perspective, outsourcing is superior in terms of economy and efficiency. Our company can focus on the development of core game gameplay, and entrust character modeling, scene concept art and prop design to the outsourced art "external support" for assistance. We only need to sign a contract and wait for the delivery of finished products, which is quite hassle-free.

A: That is a great idea worthy of recognition. In light of your prior performance, we hereby remind you that the deliverables of outsourced "auxiliary" services are by no means a risk-free option that can be used directly upon receipt. The ownership of works is also a critical matter. A large number of studios fail to conduct strict examination on the ownership of outsourced content, which leads to circumstances where their character images are highly similar to blockbuster IPs and their scene elements are directly copied from other games, thus eventually falling into infringement disputes. They are not only required to take down the relevant content for rectification, but also shall compensate for the losses incurred, which directly disrupts their product launch schedule.

Q: ~~ ^_^|||, Xiao A, what kind of image do I have in your mind? I am very experienced in being a "qualified" hands-off manager. Look, I have compiled a pitfall avoidance guide on my own.

Pitfall 4: Guide to Risk Avoidance

1. Conduct a comprehensive verification of ownership of the "deliverable package" submitted by the outsourcing party, with focus on confirming whether the elements used are public domain materials, original content created by the outsourcing party, or content for which lawful authorization has been obtained.

2. It is imperative to require the outsourcing service provider to furnish a complete ownership certificate for the "deliverable package", which is recommended to explicitly specify the scope of use, term of use and manner of use.

3. The "outsourcing contract" shall expressly include provisions on the allocation of tort liability, and stipulate that where any tort is caused by the outsourced content, the outsourced party shall be responsible for resolving disputes, assume full liability for compensation and bear all subsequent rectification costs.

Pitfall 5: Ambiguous "acceptance" provisions for commissioned creation lead to subsequent disputes and resource waste.

Q: Xiao A, Xiao A, the outsourcing service provider has been finalized, and the contract has been received. Let's review it together, shall we?

A: Aren't you quite experienced? Just go through it yourself~

Q: Little A, Little A~ Please don't! (/ﾟДﾟ)/

A: Please produce it.

Q: Yay!

A: As you can see, the key node of "acceptance" is not sufficiently explicitly stipulated here, which shall be clearly defined, otherwise disputes may easily arise. For example, the outsourcing party may take the position that "delivery made in accordance with the preliminary draft of requirements constitutes completion of its obligations", while the entrusting party may hold that "modifications shall be made as the deliverables fail to meet the sample standards". Eventually, not only will extra efforts be required for communication and rectification, but the development cycle may also be delayed, resulting in unwarranted consumption of the team's resources.

Q: Mm-hmm~ What else? What else?

A: And... (*￣︿￣), you may figure it out by yourself against the content below.

Q: Xiao A, Xiao A, don't leave~ /(ㄒoㄒ)/~~

Pitfall 5: Guide to Avoiding Pitfalls

1. In a Contract for Commissioned Creation, the "product quality standards" shall be accurately stipulated. Samples and reference cases may be attached as annexes to the contract to explicitly define specific indicators such as image quality precision, style requirements, delivery format, etc.

2. Clearly stipulate the development cycle and modification mechanism, and explicitly define the number of free modifications, the charging standard for additional modifications, as well as the liability for breach of contract arising from delayed delivery.

3. Formulate a standardized acceptance process, such as phased acceptance (covering the first draft, revised draft and final draft), explicitly specify the acceptance time limit and feedback method for each phase, so as to avoid cognitive deviations caused by oral communication.