Licensing Tips
The word "license" defined by Merriam-Webster dictionary as "permission to act: freedom of action". So when you give a company a license to use your art, that means you're giving them the freedom or permission to use your art in a certain way, on a certain type of product, for a certain period of time, and with certain restrictions on usage.
Another key concept is to know the difference between "copyrights" and "reproduction rights." While you own the copyright to your art from the time you created it -- whether or not you've registered that copyright with the U.S. Copyright Office -- you also own the reproduction rights to your art. That means that no one can reproduce your art without your OK. (see Copyright page to learn more...)
When you sign a license with a company, you're selling them the right to reproduce your art in a very narrow, specific way and for a very limited period of time, generally several years.
As an artist, you have to decide, on a case-by-case basis, whether or not and under what conditions to allow your art to be reproduced, and, if it is reproduced or used without your permission, whether or not to take legal action.
Make sure you always receive proper credit for any use of your art; that's the most important part. Whenever possible, have the users provide contact information along with your name. This way, anyone interested in owning your art can easily get in touch with you.
Don't be too quick to take legal action in instances where your art is used or reproduced without your permission. Many times, you can work out acceptable arrangements on your own with offenders. Consider not taking action when the reason for the use of your art is to draw attention to you and your accomplishments as an artist, and not to line the pockets of the parties doing the reproducing.
Don't get a reputation for being litigious. Dealers, collectors, and other art lovers tend to avoid artists who regularly use attorneys or threaten legal action.
The earlier you are in your career, the more inclined you should be to let other people reproduce your art at no charge assuming, of course, that they're not using it to make money. For example, if a non-profit organization asks you to provide, at no charge, a cover illustration for their brochure, you should probably give permission, and note it in your resume. If, however, a greeting card company wants to use your art on a line of cards, only give permission if they pay you.
TIPS
Make sure your license include:
NEVER, give up these rights:
Another key concept is to know the difference between "copyrights" and "reproduction rights." While you own the copyright to your art from the time you created it -- whether or not you've registered that copyright with the U.S. Copyright Office -- you also own the reproduction rights to your art. That means that no one can reproduce your art without your OK. (see Copyright page to learn more...)
When you sign a license with a company, you're selling them the right to reproduce your art in a very narrow, specific way and for a very limited period of time, generally several years.
As an artist, you have to decide, on a case-by-case basis, whether or not and under what conditions to allow your art to be reproduced, and, if it is reproduced or used without your permission, whether or not to take legal action.
Make sure you always receive proper credit for any use of your art; that's the most important part. Whenever possible, have the users provide contact information along with your name. This way, anyone interested in owning your art can easily get in touch with you.
Don't be too quick to take legal action in instances where your art is used or reproduced without your permission. Many times, you can work out acceptable arrangements on your own with offenders. Consider not taking action when the reason for the use of your art is to draw attention to you and your accomplishments as an artist, and not to line the pockets of the parties doing the reproducing.
Don't get a reputation for being litigious. Dealers, collectors, and other art lovers tend to avoid artists who regularly use attorneys or threaten legal action.
The earlier you are in your career, the more inclined you should be to let other people reproduce your art at no charge assuming, of course, that they're not using it to make money. For example, if a non-profit organization asks you to provide, at no charge, a cover illustration for their brochure, you should probably give permission, and note it in your resume. If, however, a greeting card company wants to use your art on a line of cards, only give permission if they pay you.
TIPS
Make sure your license include:
- The names of the specific works of art you're licensing;
- What specific types of products the art will be reproduced on;
- The producer's or publisher's written agreement to put your copyright notice on every product sold and on every advertisement or brochure for any such product which bears your art;
- The countries in which the products will be sold;
- A period of time (six months or a year) during which time the company has to bring to market (produce and sell) products with your art, or else give up their right to use your art;
- A termination date for the agreement, generally two or three years after signature;
- An "indemnification clause" which says that the company will protect you from any lawsuits that might arise from any of their business activities which in any way relate to products carrying your art (so that you're protected if, say, a child swallows a product with your art on it and the parents sue).
- A statement saying you can cancel the agreement if they don't abide by its terms or if they go bankrupt;
- A specific statement of any non-refundable advance payment to be made to you against future royalties, the specific royalty percentage to be paid to you on a quarterly basis, and the requirement that each royalty check be accompanied by a clear statement of how they came up with the royalty amount;
- An article allowing you the right to have their books audited at your own expense to make certain they have paid you what is due to you.
NEVER, give up these rights:
- Gain the copyright for any of your pieces of art;
- Gain full and complete reproduction rights to any of your art;
- Gain the right to sub-license your art to other companies without your having to approve and sign each specific sub-licensing agreement;
- Gain ownership of your original works of art as part of the licensing agreement.