Another tutorial by Dee Dreslough
[ Find out what's 'legal' to draw! Check out the Artists' Legal Primer ]
Artists, you can use this form to help your clients order art from you. It's often best if you post your average price for each type of right transferred. If you've never dealt with rights transfers before, consult a lawyer or the Graphic Artists Guild Handbook of Pricing and Ethical Guidelines for the average prices.
You can request different rights from an artist when you order a piece from them. Each artist has different
rules about how they like their art used. This generic 'menu system' allows you and the artist to go over common
uses for artwork and negotiate fees, percentages and limits.
Often, artists like to reserve all their rights and request that the client re-negotiate with them for more rights
later on. Often, artists charge a percentage of any money made from the artwork, and may limit how it can be used.
You should always feel free to contact the artist who does your commission later on if you have any questions
about how you're allowed to use your artwork. It's better to ask first, rather than getting sued later on.
DISCLAIMER
This guide sheet was not written by a lawyer. You should consult a lawyer any time you have questions or feel you
need an iron-clad agreement with an artist. You should use a lawyer to draw up any final contracts between you
and an artist. This is only provided to help folks get started. Dee Dreslough takes no
responsibility for damages incurred through use of this document. It is presented AS-IS and all
that.
[ ] Full Sale of Rights/Work for Hire:
The artist transfers copyright and complete ownership of the piece to you, the client. It's like you drew the
picture. Often, artists charge much more for this. It is customary that the artist is allowed to display the work
in their portfolio as an example of their style.
THE ARTIST OWNS THE COPYRIGHT, BUT YOU HAVE A COPY (OR THE ORIGINAL) PICTURE
[ ] Retained Copyright by Artist/All rights reserved to Artist:
This is most common. You, as the client, have only the right to own one copy of
the piece. It's as if you bought a painting in an art gallery. All you can legally do with it is take it home and
hang it on the wall. You can always email the artist if you find out you want more rights later on, and you can
negotiate things then.
How would the artist like the art to be seen? Check the boxes that would give you rights that you want. (Artists
should specify which option they prefer to use.)
[ ] Always Whole - You, the client, are not allowed to crop, cut or alter the piece. Basically, you just
want a nice character picture you can hang on your wall or carry with you in a notebook.
[ ] Whole or In Part, with notices - The client (you) may crop the piece, but the artist's signature and
copyright must always be visible. You won't run the picture through any filters, add pieces to the picture or change
colors/layout. You can only trim away parts of the edges for displaying purposes. (This is if the picture is really
big, and you want to resize it for a web page, for example.)
[ ] Whole or In Part without notices - The client (you) can crop the piece so that it doesn't include the
artist's signature and copyright notice, but it has to appear as it was originally drawn. You can't run it through
filters, change colors, or add or remove things to the picture in any way. You can only trim off the edges. Some
artists really need to have their signature and copyright notice, but others find the print on their art distracting
and are willing to let you remove it, providing you credit them for the picture and don't claim it as your own.
DERIVATIVES
Allow Certain Derivatives:
Examples: You, the client, can alter the piece (run it through Photoshop filters , or change colors, use it
for Web Themes, add borders, etc) use it in collages, etc.
If you make derivatives of the artwork, the copyright on derivatives is actually yours- BUT, you need the artist's
permission to be able to display the derivative anywhere besides your own private home. So, for example, if you
want to make a web page theme set out of the picture for your own use, you need to ask the artist for permission
to display it.
[ ] I would like the rights to make derivatives: (List the uses you have in mind for the piece below)
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Allow Personal Not for Profit Use
Examples: Showing the picture ONCE, in one place, on web pages (scanned version).
Showing the picture at home as an 'art print' on paper. This would be like if someone wanted to make a printout
or copy or two, either to keep with their character sheet at a roleplaying session, or to hang at home.
[ ] I would like to be able to show _________ copy/copies of this picture on my personal web pages. URL of page
(if known): ______________________________________________________________________________
[ ] I would like to be able to make up to _______ printouts for my personal use
I will be using the picture (specify:) _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Allow Public Not for Profit Use:
Examples of this are: Using the art in publications that are non-profit (ie: have actual Tax-Exempt Status)
or not-for-profit - ie: an informal newsletter or E-Zine that doesn't charge and has no intention of being a profit-making
business. You must not be receiving any money in relation to this usage. If you do, it's for-profit (covered below).
[ ] I would like to be allowed to use this picture _______ times in a non-profit web-publication or on a non-profit
web page. (Specify page): ______________________________________________________________________________
[ ] I would like to be allowed to use this picture in publications that are not for profit. I need to be allowed
_________ reprints. .I am not being paid for the use of this picture in any way. I plan to submit this art to these
publications (list each):
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Personal Goods using the Art
Examples: You might like to make for yourself (or perhaps a few friends) a T-shirt, coffee mug, mousepad or
other item to give away, but not sell it or trade it for other items or services with a monetary value. (This means,
you have to make and give these items at a loss. You can't recoup any costs. No money can change hands…they have
to be given as gifts only.)
[ ] I would like to be allowed to make up to _____ items (prints, tshirts, mousepads or other) using this art.
These items will not be sold or used for barter , and will only be given as gifts if not kept by me. I will be
making:
Personal Goods Using the Art with money involved
You might like to make prints, mugs, T-shirts, mousepads and sell them not at a profit but for cost of production.
So, if it costs you $10 to make a T-shirt, you can charge $10 but not more.
For example, let's say this commission is for the logo for your roleplaying group, and you know everyone is going
to want a T-shirt. This option allows you to collect $10 from all your friends so it doesn't have to all come out
of your pocket.
[ ] I would like permission to make up to ______ items using this art. I will be collecting money ONLY to recoup
production losses for this. The art will be used for: _____________________________________________________________________________
_____________________________________________________________________________
Examples of this kind of use might be:
Web Pages for Online Stores or For-Profit groups or Individuals
Web page displays for web pages that are directly involved in a profitmaking business. Let's say you run an online
store, and you want to put the picture on one of the webpages in the store. This is where you'd request that permission.
(However, a personal character page that happens to have a LinkExchange banner on it is NOT a profit-making page.
You have to be the one who's in charge of some kind of item for sale in the website for it to be a for-profit website.)
[ ] I would like permission to display _____________ copies of this picture on my for-profit web page. (Specify
page):
On Paper as an Art Print for Sale
[ ] I would like permission to print and sell ___________ copies of this picture. Additionally, I would like the
right to use the image in my advertising of these items for sale. In this case, you and the artist really should
consult a lawyer separately for details of the deal. Payment terms, when you'll pay the artist, and who will pay
taxes and handle auditing are just a few of the issues relating to this kind of business.
I can offer you ______________________ percent of gross sales.
In Publications
This could be where the client sells the picture to a magazine or newsletter as filler or where the magazine pays
a fee for using the picture. This is regardless of the status of the magazine as for-profit or non profit. The
key is the client will get all the money for this unless you specify that you want a percentage.
OR, where the client doesn't get paid for submitting the picture, but it's a for-profit magazine, like Dragon™
or Newsweek™.
OR, where the client may want to use the artwork in an advertisement for his/her business.
[ ] I would like permission to submit this picture to _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
As a Logo or corporate identity piece that may eventually fall under Trademark.
[ ] I would like to use this piece as my corporate or group Logo, and wish to trade mark it. (This makes the art
very, very expensive, usually.) This piece will then be used on our corporate website, stationary, and all other
forms of advertising and documentation. (You and the artist should consult a lawyer on this kind of arrangement!)
Specify corporation:
______________________________________________________________________________________________________________________________________________________________
On items for sale for profit, like mousepads, T-shirts, etc.
[ ] I would like permission to create ______________________ (specify item for sale) to sell. Additionally, I would
like the right to use the image in my advertising of these items for sale.
I can offer you _________________ percent of gross sales for this item. In this case, you and the artist really
should consult a lawyer separately for details of the deal. Payment terms, when you'll pay the artist, and who
will pay taxes and handle auditing are just a few of the issues relating to this kind of business.
For Advertising
The client may want to use the artwork in an advertisement for his/her business.
Limits on distribution:
[ ] Television Only: __________________________________________________
[] Publications Only: _________________________________________________
[] Worldwide Rights
[ ] North America Only
[ ] South America Only
[ ] Europe Only
[ ] Asia/Pacific Rim Only (Japan, Australia, etc.)
[ ] Asia Proper (China/Russia) Only
[ ] Africa Only
[ ] OTHER (Specify below):
_________________________________________________________________________________
_________________________________________________________________________________