Comments | ancientsong: Question for all you artists and designers here

ancientsong

Question for all you artists and designers here

Oct 23, 2007 11:32

So, I have created a few pieces having to do with chakras like, the Guiding Light Mandala, the chakra representation chartPeople are finding the art and are wanting to use it or buy it or whatever. One woman wants to buy postcards of the chakra representation chart in bulk (which I already have and am willing to sell them to her ( Read more... )

Comments 12

maugorn October 23 2007, 15:58:23 UTC

It would probably be an extremely useful investment to speak with an attorney who's worked with copyrights and licensing.

They can not only tell you the laws regarding such use and what rights as an artist you can enforce (and how) if there's malfeasance, but they might also be familiar with the range of arrangements that copyright holders have for various uses.

My understanding is that if you develop a contract that is acceptable to both parties, where they get to do (thus) and you are compensated (that) for it, that, as long as you're happy when you sign, life is good.

A lawyer would also be able to warn you of pitfalls and contingencies to think of before you enter a contract, and might even have standard contracts or samples that you can draw from.

This will probably prove useful if others want to record any of your musical compositions some time and also come in handy should you need to negotiate with a major publisher for a book or record contract.

i agree totally rrainew October 23 2007, 19:46:31 UTC

absolutely! you need legal advice. there are ways to license images for use in varying media. think of all the disney images, simpsons, etc, that show up on shirts, cups. what you're looking at is a variation on that.

Re: i agree totally ancientsong October 23 2007, 21:25:44 UTC

Yes. Thank you. Now I just have to find a copyright lawyer who won't charge me an arm and a leg to talk to me. At some point, it won't be worth the money to go to a lawyer considering it probably won't be a lot of money changing hands between me and the people who want to use the artwork.

Re: i agree totally ancientsong October 23 2007, 21:29:17 UTC

Oops, didn't finish.

It's not that I hate lawyers, it's more that I can't stand the middle(men)guys who make it harder to get things done. Everyone is nervous about talking about money because it will get awkward and so no one knows what the prices really might be for these things. Therefore some people really undercharge and don't get what they're worth.

That happens with performing. When agents call me, I have to make my best guesses as to what to charge them and sometimes I go completely under what I might get but they certainly would never tell and so I find myself flying blind a lot of the time.

It's a bit frustrating.

Thread 6

kugelblitz October 23 2007, 16:29:57 UTC

Make a contract with what you want to sell, the price and everyone's signatures.

What you want to do is keep the originals and have the rights to use them any way you want, while they limit their usage to the scope defined.

As for prices, well that can get tricky, you know your market, so you are not charging them for the piece, just use of it, so it would be a percentage of that, plus your labor to send the stuff.

Do not do this for free.

ancientsong October 23 2007, 21:16:26 UTC

I wouldn't do it for free, though I have let some of my photos be used for free for good causes (education groups, teachers, and cool non-profits). I figure, though, that the art I created took longer and is therefore worth more somehow.

And actually, I don't know my market. I've never been involved in this aspect of it before and truly have no idea what to charge. My labor to send the stuff and the money for mailing it snail mail (if that's what's needed) I'd be more than happy to charge for but I have some idea of *what* to charge for those. I have no idea what the use of art goes for with respect to images, etc.

The woman who wants to buy the little postcards is getting them wholesale (as in a certain amount more than what I paid to have them made) and that seems to work OK for me. However, the woman who wants to incorporate my designs into her own material, well that is use of the pieces and I don't know how to charge for that at all.

dhs October 23 2007, 18:12:56 UTC

You should get paid for the use of your artwork. Contrary to what kugelblitz says, I'm not sure that the commercial use of your artwork is worth less than the original art piece.

My brother-in-law sunspiral is (among other things) a professional artist. If you friend him so that he can see this, or make this journal entry public, I'll point him at this and perhaps he can weigh in with an opinion that has some experience behind it.

Oh, and congratulations on creating art that inspires people to want to use it in their endeavors.

ancientsong October 23 2007, 21:17:38 UTC

Thank you for the congratulations. That is very sweet. It is also very unexpected that anyone would want to use my art since I don't consider myself an artist in two dimensions, but hey why not, right? :)

I've unlocked the entry and if you'd be willing him at the entry I'd appreciate any help.

TIA

sunspiral October 24 2007, 22:59:09 UTC

Nice artwork! I really can't give much useful advice since the only similar circumstances I've had were all non-retail situations where people wanted permission to use the art for things like concert flyers and educational materials or blog illustrations, and all I asked for was image credit. I sell prints of my 2D art, but that's a 1-time thing and not repeated use like this would be. I'm sure there must be good material about this online, and that might be where to start before contacting a lawyer. Good luck with it!

ancientsong October 26 2007, 04:48:23 UTC

Thanks for the nice words and thanks for the advice. I'll take a further look online and see what I can see.

If I find anything good, I'll post it and perhaps dhs can let you know if/when I do.