Whitney Mattila

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Commissioned Illustration Offer - Short/Easy

Make sure that's in whatever contract you use. I can't remember the legal jargon for that, but I bet if you look around the internet at other contracts, you might find some.

Posted 8 months ago 

Commissioned Illustration Offer - Short/Easy

In your case, you just make sure that's in the contract. I'm doing a children's book right now, and the only rights I have to the work is for promotional use (like, to show in my portfolio/website/blog to potential clients, ie 'Look what I did for this great person!'). The contract displayed here won't fit each and every transaction, but it's a great base.

Posted 8 months ago 

Commissioned Illustration Offer - Short/Easy

Thank you for the links!

Posted 1 year ago 

Commissioned Illustration Offer - Short/Easy

This reply may have come too late, but let me see if I can offer some advice. I only somewhat know rights as they pertain to the United States, so it may be different for you. Rights are not on a bundle basis, nor do they have to be forever. You can say 'you have the right to this for this price, but not this'. From what I know, digital reproduction is considered different from physical publishing, so he should come back to pay you for the rights to digital reproduction instead of assuming he already has them. If there's any confusion and the contract does not define one way or another, you'll need to sit down with the client and talk with them, then write up a new contract. Royalties can be something that kicks in after a certain amount is reached. For example, if the client wants to first make back the amount he's put into the project, your royalties can be set to kick in after profit reaches a certain amount first. Again, this needs to be defined in the contract. As for corrections, you can define how many corrections you are willing to make until you charge an extra fee in your contract. Not only are they paying for the piece, they're paying for your time. If they're going to be picky beyond an acceptable amount, they need to pay for the time you'd be spending elsewhere.

Posted 1 year ago 

Commissioned Illustration Offer - Short/Easy

I'll see if I can add my few cents to this, just so you know where this comes from. I am by no means an expert at this, however. Rights are as much a part of the piece's price as the piece itself, especially when it comes to advertising. That's why things seemingly as 'simple' as logos can command a lot of money, because that company is purchasing all rights to display and use that work for promotional use forever, while the artist may only retain the rights to use the logo as portfolio work. It also helps the artist in case an image somehow becomes extremely popular- there's many stories about artists signing away their rights to an image that goes on to become extremely popular, with them only having a measly fee to show for it. The boat you mentioned in your example could easily be for another gig, but once the use for it is come and gone, the image could easily be used again, changed, or used for prints by the artist if they have gained back their rights to it after a certain period. Personally, I generally keep a contract in context- if the image is for a client's personal use, I'm going to charge differently than for a company, and even that will vary on whether it's a local business, or a large multinational company.

Posted 2 years ago