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Toy License - Wilber

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Toy License - Wilber Daven Johnson 31 Aug 01:13
Toy License - Wilber Mukund Sivaraman 04 Sep 14:32
Daven Johnson
2012-08-31 01:13:46 UTC (about 12 years ago)

Toy License - Wilber

To the GIMP Team,

Please see below regarding our interest in a toy license for Wilber. I attached supplementary files which I believe went to Mukund, I can send files individually to any who are interested, but I believe the files were too large to send to the listserve as a whole. Thank you.

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.

*Product Types (non-exhaustive)* *
*

- *Plush*
- 5-6" and/or 8-10" versions of Wilber - Wilber's head only and/or Wilber plus a small body for enhanced "plushiness"
- Standard Wilber image as well as Wilber with a beret, construction hat, and wizard hat as rights are available. I believe these rights are currently available via permission licenses, but any clarification would be appreciated. - *Vinyl/Resin *
- 4-6" mini-figures
- Wilber's head only or body
- First set would potentially include exchangeable pieces - so beret, construction hat, wizard hat, paintbrush that would be swappable - For other copyrighted "construction kit" props we would also provide further "sets" to be used with the base toy as available, for collectors etc.
- *Bobbleheads*
- *Stress Balls*

*The following are terms we are interested in*

* Global license * Standard consumer products royalty to GIMP community - 15% of net proceeds
* 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
* 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
* 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.

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.

The following are some of our current brand partners.

- Magicka (Paradox Interactive - www.paradoxplaza.com ) - Sold over 1.3M copies worldwide - Dungeons of Dredmor (Gaslamp Games - www.gaslampgames.com ) - Indie Game of the Year for 2011 from PC Gamer US - Zeno Clash (Aceteam - www.aceteam.cl ) - PC Gamer's 2009 Independent game of the year - Ranked in 2011 as one of PC Gamer's top 100 games of all time - Creature Breeder (virtual pet/pokemon type community)

I hope this provides you enough background and we look forward to discussing further.

Best,

Daven

* *
On Sun, Aug 12, 2012 at 11:24 AM, Mukund Sivaraman wrote:

Hello,

My company develops limited edition toys for a variety of brands - game companies, communities, etc. and we are interested in making plush toys

and

statues of Wilber. We were touching base to discuss any concerns. We

would

look to provide a portion of proceeds to the community. If someone were able to get back to us that would be appreciated.

I am interested in selling Wilber and GEGL t-shirts too as part of Banu's new shop. It seems some GIMP team members want an adult line as well. ;)

Here is my understanding of it:

* Wilber (a coyote in case you didn't know) isn't exactly used for *selling* t-shirts by the GIMP team, but it has been used on t-shirts and other goodies by the GIMP team. So as it could be construted as a trademark, you'll have to get permission from the GIMP team depending on what toy/clothing you want to use it with.

* If you want to use a particular drawing of Wilber (there are many, such as by tigert, jimmac, mattanhan, etc.), you'll *also* have to get permission from its author as the image is copyrighted. Some of these may have been released under permissive licenses, so you'll have to mention the license in that case, or get a waiver from its author.

Please reply with more details of what your offer is, what proceeds will go to what community, what volume of sales you plan to do, and how we can verify the proceeds against sales.

Mukund

--

*Daven Johnson*

President

*ShouldBee*

*www.shouldbee.com*

Phone +1.267.972.4432

Fax +1.240.334.4719**

*Email* daven.johnson@shouldbee.com

*LinkedIn* Daven Johnson

Mukund Sivaraman
2012-09-04 14:32:22 UTC (about 12 years ago)

Toy License - Wilber

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