Re: [Gimp-developer] Toy License - Wilber

[Mukund Sivaraman <muks banu com>]

Hi Daven

On Thu, Aug 30, 2012 at 06:11:32PM -0700, Daven Johnson wrote:
> Hello Mukund,
> 
> Thank you for the information. I have attached a more formal proposal and
> information on my company, but the summary is as follows.

I haven't seen the attachments or shared them with other GIMP
contributors; let me know if you want me to do that.  [You tried to
send these attachments to a public mailing list, but they probably
didn't go through due to the size of attachments.]

Personally I am happy to see a company doing Wilber toys.  But before
we proceed further, please read comments below:

> *Product Types (non-exhaustive)*

You will have to get usage for each type/model of toy approved (unless
it's something very similar to an existing approved toy, such as a toy
in a different color).

The copyright licenses under which the Wilber images are covered are
permissive, but are written for use in software.  You will have trouble
attaching the license text with every instance of toy you produce.  :-)
Getting formal permission from the artists is better, and they'll
usually agree after you get the GIMP team's approval (which they're a
part of).

[snip]

> *The following are terms we are interested in*
> 
> * Global license

This is possible.

> * Standard consumer products royalty to GIMP community - 15% of net proceeds

By proceeds, do you mean profit or income? 15% of profit is very less. 
This would have to be significantly increased so that a majority of the
profit goes to GIMP, unless you can guarantee a minimum payment at the
end of each quarter of a financial year.

> * Exclusivity - If the GIMP team would be open to an exclusive deal, we
> would like to discuss this at higher rates, otherwise we are fine with a
> non-exclusive deal

Exclusivity is not possible. It is a community project after all, and
other toy designers are just as welcome. :-)

> * Estimated sales volume - 182,000 units annually, $3M gross revenue -
> catering to core GIMP users as well as general toy and collectible
> collectors outside of your base

Can you pay us at the end of every quarter of your financial year? 
What income (in USD) can GIMP expect from your company every quarter?

> * Verification of sales - as per our other licenses we would provide
> quarterly reports and have standard audit provisions that I presume the
> GNOME Foundation or another representative would have the option to execute
> on annually.

Just an audit report prepared and attested by a chartered accountant is
sufficient.

> From a partnership standpoint we take on the risk and handle everything
> from toy design through to fulfillment to the end consumer via our website
> and wholesale partnerships.

This is very good, as we'd like to keep a hands off approach and just
enjoy seeing funds in the GIMP account.  :-)


The main point now is deciding the percentage of profit you share with
us.  Think about it and let us know what you can do.


Kind regards,

Mukund