Cylithera opened this issue on May 06, 2004 ยท 9 posts
hauksdottir posted Sat, 08 May 2004 at 1:56 AM
There are a couple of really good books on "Pricing and Ethical Guidelines", written by lawyers but in common sense language, and published by professional guilds. Mine are old, but if you slip into an art supply store and head for the bookshelves, you should spot them. :) These books will often not go into a specific price per type of item, because that information does date quickly and depends so much on market and how long something will stay in print (a book is less ephemeral than yesterday's newspaper), but they will give a range and some questions to discuss and sample contracts. They are also good at telling you what sort of situations to avoid... such as the fake contests where the winner gets published but everybody else loses all rights upon entry. The "Artist's Market 200X" is updated every year and will tell you who is buying what, approximate payment rates, when you need to send a letter of inquiry, and all that good stuff. They usually also have articles on formatting and portfolios and helpful tips written by the guys with the wallets. Even in a work-for-hire situation make sure to retain portfolio rights. After all, getting published means not only getting money, but getting the NEXT job... and it is hard to do if you can't show off what you've done. Payment can be by piece, by hour; flat fee or royalties; upon publication or upon delivery.... You can set up milestones so that the client pays a small fee upfront for materials, another chunk upon approval of comps, and final amount upon delivery. (This is good if you must purchase a reference or models or otherwise have a large out-of-pocket cost.) A wise person has a kill-fee for those times when a client decides not to go through with the project for no fault of yours, but you have already expended time and materials. If a licensed property is involved, get in writing who is buying the license or that the license has been authorized. You do not want the lawyers from Disney on your tail because your client failed to acquire permissions! An indemnity paragraph covers all parties (you are warranting that your work is original and they are warranting that they have the license if what you are hired to do is derivative). Try to get on paper exactly what the client wants, so that you have a better chance of delivering it. The "I'll know it when I see it" client is the hardest of all to work for. I would rather spend the time making a few extra comps and getting some feedback, than having to redo a project after it is done and delivered because somebody in a corner office didn't like it. Know who has final say!!! It might not be the guy you have negotiated with, but somebody down in marketing you've never seen or even some producer in another building. Bigger clients will want 40 page contracts where you give up all rights etc., and smaller clients will shy away at even the word "contract" because that means lawyers to them. In this case use "letter of agreement", but try to get something in writing. You can often use a 1-2 page contract where the basic terms are spelled out (names of the parties, authorship, what rights are being transferred) and the last 2 "exhibit" paragraphs are the meat of the contract: you say what exactly you are delivering to them (example "full-color game box cover, for CD, 1425 pixels square, tiff format, due 5-5-00") in one paragraph and they say how/when they are paying you in the other. A contract is quid pro quo: each party says what they are bringing to the table. (This is also why some people work for a dollar/year, there HAS to be something on each side of the equation.) Cost of living and doing business is also a factor. A publisher in New York will assume that everybody pays $500/mo just for a parking place, and pay well, whereas someone in Atlanta will balk at much over minimum wage for a project. They don't care what YOUR cost of living is, they price things based upon theirs... and local rates are influenced by local costs. I'm not a lawyer, and this isn't legal advice... just some things to think about before you start up a paying project. Carolly