02 February, 2005

Licensing or copyright??

Hey fellow memebers, I have a question for you all. I am in the middle of waiting for a response on selling a peice of art,and this peice of art is something the company wants to use for maiking small prints and such for their promotional purposes. Now, I'm undecided as to if I should give them part ownership in copyrights, or should I use a licensing agreement?

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4 Comments

Patrick Miller 02 Feb 2005

I am unsure how this exactly pertains to art or marketing items....but...if the part ownership thing goes through and it all blows to hell. It is a tactic to question the value of said item. If the item is successfully devalued enough, they don't owe you a dime.

In a licensing deal, the amount is on paper and they pay that amount. It works really well for software and I would assume art or promotional materials.

Then again I might just be an idiot. I would pay the 75 bucks and talk to a "legal professional" (scumbag lawyer) to make sure.....

Dawn Schmidt 02 Feb 2005

I have said it before and will repeat it here - you MUST, MUST, MUST get yourself a copy of the Graphic Artist's Guild Guide that comes out every year (even if you have to buy an outdated copy used on Amazon). INVALUABLE!!!

Sample contracts covering many different areas, and standard pricing for different things from licensing, advertising images, book covers, illustrations, etc are included in the book.

Also in the book - superb information regarding all kinds of business deals that artists will run into when selling their work.

If an artist doesn't have a lawyer look over any contract before signing...they need their head examined. The only way we are all going to get fair wages as an artist-for-hire is if we work together. Graphic Artist's Guild is working towards that, and I would even recommend a visit to their website.

KNOWLEDGE IS POWER

I have had 5 emails from fellow AW artists requesting information from me on this very topic in the past two days - I am not an expert - please folks, do some research and arm yourselves with the best weapon your art and pocketbook have...KNOWLEDGE!!!!

Good luck Gayle, let us know how it turns out. :)

Gayle Taylor 02 Feb 2005

Thanks Dawn for the info. I had to laugh when you suggested the Graphic Artist's Guild Guide, because I had actually ordered it right after I put this message up! And you are right! What an awesome book!!! It is exactly what I have been looking for!! For many years I stuck with doing commission works only, and selling my original work(with contracts of course!), only because I had made a couple mistakes in regards to my own work in the past for lack of knowledge.What's that saying? Once bit twice shy? But now I feel confident enough to get back out there and fight for my rights and become the more SERIOUS Artist that I have longed to be. I will also be finding myself a good lawyer to boot!!

Thank you to everyone who made suggestions!!

Gayle

Dawn Schmidt 02 Feb 2005

One huge "high five" to you, Gayle! YOu are heading in the right direction. :)

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