SoulTaker opened this issue on Apr 19, 2008 · 284 posts
Conniekat8 posted Mon, 21 April 2008 at 2:16 PM
Quote -
Miss Nancy: "give the freebie creator a percentage of sales for any commercial use"No problem! Let's see, my book retails for $24.95 and has 178 pages. I downloaded a small element to go into one of the 85 images appearing in the book (or should we just limit it to the 27 CGI images in the book?). Anyway, that image where the freebie prop was used takes up about 5-7% of the space in the image... but on the other hand, it's 1 out of about 30 elements used in the image - the others were paid for); or do we consider that the entire image takes up about 1/3 of the page? So, what's a fair amount? And, of course, we should base this on Net sales not Gross sales, so we should probably cut that by 60%.
Please, let me know what you think a fair percentage is for including a freebie spitoon in the back of a bar scene in a Western gaming book.
The trouble with blanketly allowing commercial usage is that you don't know if your item is going to be one of 50 items in the scene in a series of illustrations, or a central piece on a poster.
Which is why a lot of people like to restrict commercial use to 'at least contact me and let me know what kind of use'
Personally, I tried to define this even more by allowing commercial use resulting in monthly proceeds of $1000 a month or less. Anything over that amount, please contact the author for specific permissions.
If you;re going to make a book illustration and use it as one of many items, and you recieve one time fee of, let's say $2000 for making it... I'd be likely to say, sure, use it, no problem, no royalties.
If you're going to make it a central piece on an inspirational poster with three items and a quote on it, and sell the posters at $40 a piece, for next 10 years. In cases like that I may ask for royalties. Maybe 10% of your proceeds. Depending on what we calculate out to be a fair amount of work I put into things vs work you put into things.
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