Greeting Alumnus
I was hired by a national magazine to do a few illustrations, cool! Right? However, I was given a contract where the corporation, who owns the magazine, as well as many other magazines, wants to own licensing rights that I would be financially compensated with an additional 25% more to my fee. (Which amounts to an additional $200 dollars). I discussed this horrible contract with the embarrassed art director who couldn’t change it and felt badly. I empathized with the art director and many ADs who have no choice to dish out a contract like this.
The contract specifically wants to have the right to use the illustration, not only in it’s other magazines, but wants the right to sell it to other magazines, publishers, advertisers, etc and who knows stock houses like corbis for NO additional compensation to me. I will be allowed to sell the image on my stock site as well.
Has anyone else encountered this type of contract? I am frustrated with wanting to work as an illustrator and a business owner, but this hurts me and our business of selling rights to our works. What do I do? Advise anyone?
7 comments:
I know exactly what you mean Heidi and have turned down jobs myself. I think the only way corporations will change is if they are forced to.
That's not an easy thing to do when money is tight, but personally, I would rather flip burgers for extra money than give my creations away.
Don't do it Heidi!
I agree with Jamie and Ed.
It's outrageous that they would expect to be able to make money from your work, while building a stock library of their own. It wrings my insides. Even Dover has agreed to pay re-use fees.
I've sold out in the past, (as most of us have at points) but if you can afford not to, Jamie's point about burgers is well made. If you don't put some value on your work, you can't expect anyone else to.
There's no reason for them to need those rights from you, and their unwillingness to bend is a position we cannot afford to let them take.
Don't do it if you can afford not to.
Best-
Jeff
Heidi,
This is intolerable for you. Why not try to amend their contract or ask them to sign yours? I've had very good response from Volunteer Lawyers for the Arts. You might give it a try.
LA delivers pro bono and low cost legal services and information to over 10,000 members of the arts community each year. call
The Art Law Line : 212·319·ARTS (2787), ext.1
Monday to Friday, 10:00 a.m. to 4:00 p.m.
Hang in there, Best to you Ginidir
Thanks everyone for all the comments.
I managed to get a one-time rights contract just for this particular job, but it was made clear that after January 1, 2009 it has to be the licensing contract with no changes. The art director was embarrassed and does realize that she will have less illustrators willing to work for her. It's a terrible situation for both parties. As the corporation collects images for their database to basically license for their profit. It's sad that illustrators, who are willing to work to solve clients needs, are being taken advantage of so much. I've been freelancing for 20 years and have seen it grow worse over the years. If I don't work for them, or others like them, who will? Recent grads, foreign illustrators ? Can we pool together for change?
Its terribly frustrating, and it was something I knew i needed to blog with you all. Thanks again for all the comments!
Oh Gin, as far as changing the contract, I was directly told NO! It can't be altered at all.
We should use the Alumni association as a way to create educational material to educate the current undergraduate and graduate students. This will over time create a large force of illustrators unwilling to work under those types of contracts if all schools were to follow suit we could change the world (or at least the industry)
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