4/13/2024 0 Comments Artist licenceYou charge them a low, flat-fee for licensing your artwork because, hey, it’s a local business!Ģ years later, they pick up a distribution deal through Whole Foods, yay! Suddenly, packaging with your artwork on it is being sold in 500 stores across the country. Let’s say your client is a small, artisanal coffee shop in Boise. Geography / Region - Where will the Art be used?Īssess whether the Licensee will need to use the Art globally, nationally, regionally or locally (limited) Remember, this takes away any rights you have to re-license the work at a later time, and thus it should be priced accordingly. Candidly, most packaging clients request ownership / exclusive* use in perpetuity. Will your Art be used prominently, as the core aesthetic of the brand? In this case, a longer licensing term is most appropriate.įorever. This term length allows time for the artwork to be produced, printed, sold, and to ensure no competitive products with the same design will be in the market for the duration of the licensing term. Because, if it’s Holiday 2022, the Licensee likely doesn’t need to use the artwork after the holiday season ends. Ideal for limited edition / special edition projects. This is a great option for many start-ups or new brands who need to limit overhead spending as they launch their brand. Here are some of the Licensing Terms I offer: Is the Licensee a new company / start-up? Is this a holiday or limited-edition packaging project? Consider that each case is unique in the duration the Licensee may need to use your Art. When you’re coming to terms on a licensing agreement, it is important to consider all of the following: Duration / Time - How long will the Art be in use? You can still register single pieces after they are published, but it only allows one image at a time, for a flat fee of $65, which can really add up. allows you to register up to 10 pieces of like-kind, unpublished works at a time with a shared fee (this saves you some serious cash). The easiest / cheapest way to register your artwork is after you have created it, but BEFORE you have published it. In a case of copyright infringement, registering / copywriting your work can make the whole nasty process a lot easier to defend, and typically you cannot file a claim against someone else until your copyright is registered. In the case of patterns: consider warping the versions you put on the internet, making the repeat much harder to edit / copy. Keep screenshots / records / dated files + examples of your original works. You own the intellectual property and you own all rights to the art without having to register them anywhere. Your illustrations are inherently copyrighted to you the moment you create them. Do I need to register my illustrations?Īgain, yes and no. Sometimes this is a very formal, legal document drafted by an attorney (usually provided by the client), but it may also be a signed contract or Statement of Work (SOW) clearly stating the terms of the agreement. A license is a document both the Licensor and Licensee sign that clearly states the terms of the agreement. Companies license illustrations to be used on packaging, in advertisements (print and/or digital), for textiles, website graphics, clothing, homewares, paper goods like invitations and stationery, etc. You may choose to license your Art for a wide variety of purposes. The terms of the License (The Terms) are negotiable between both parties and may include many factors, which I’ll go into below. In plain English: You allow your client to use your illustration in exchange for payment. The agreement allows the Licensee to use the illustrated work (the Art) in a commercial capacity. Licensing, sometimes referred to as Usage or Rights, is an agreement between the Illustrator (Licensor) and their client (Licensee). Leave me a comment below if you find this information useful. Additionally, this does not speak to Graphic Design, and is only applicable to illustrations, which are legally considered bespoke artwork. Laws differ by country, so it’s best to double-check laws in your own domicile when applicable. Please note: I am not an attorney, this is all researched and learned experience after 10 years in the field. I’ve summated the bulk of my talks below. I’ve spoken about it at conferences, on podcasts and Instagram lives, and I am always met with wide eyes, thankful emails and (pre-covid) hugs. Fellow illustrators often ask me to speak on the subject of licensing.
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