I know alot of us only do this for fun, but some may find their work appicable to the comercial world and so need to be informed of what may be necessary to sell your digital work and be protected as well...

This is an abbreviated excerpt from the Graphic Artists Guild Handbook on Business and Legal Practices for Commissioned or Existing Artwork......

Copyright is the creator's right to control the usage of his or her design or artwork. It is directly related to both pricing and fair trade practices. Since a copyright is a 'bundle of rights', each different 'usage right' can be transferred separately and with specific limitations. The greater the copyright 'usage rights' given to a client, the more the price should be. In terms of trade practices, the copyright law clarifies a number of important protections for the artist.

Under the new copyright law, in order for a buyer to obtain any exclusive rights to the use of the artist's work, the buyer must have written and signed authorization from the artist. It is in the artist's best interest to make sure that any agreement with a buyer specifies clearly only those rights which the artist is willing to transfer. Many buyers have standard purchase orders or contracts. The Guild is opposed to the use by buyers of standard pur-chase orders or contracts that specify as a matter of course the transfer of 'all rights'.

Artists can always present a contract to a client (even if they have already received one from a client.) Also, if the word 'contract' intimidates an art buyer, an artist can always refer to his or her contract as a 'letter of agreement' or 'confirmation.' Such a contract whether called a 'confirmation' or a 'letter of agreement' should be signed by both parties prior to the commencement or purchase of work. Contract or purchase order terms must be a matter of negotiation between the artist and buyer.

Contracts, letters of agreement, and purchase orders must contain provisions covering at least some the following points (those that would be basic are asterisked):**

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• **
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• ***The names of the artist and client, or client's authorized art buyer.
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• ***A complete description of the image or project.
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• ***The basic fee, or sale price if agreed upon.
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• **Special usage or other fees when appicable (e.g., travel time, consultations, alterations, cancellations, kills).
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• **Expense reimbursements.
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• ***Advance and/or payment schedule. In what form the payment will be, cash, or some type of credit or goods, and when it will be delivered to the artistand
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• ***Usage by:
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• **A. Category (such as advertising, promotional, corporate, editorial);
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• **B. Medium of use (such as brochure, magazine, hardcover book, digital); and
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• **C. Title of publication or product name.
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• **Return of originals- When and how, when applicable.
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• *** Credit line and copyright notice requirements.
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• **Releases. The use of people's names or images for advertising or trade purposes can cause an invasion of privacy. If a release is needed, artist and client should agree as to who will obtain the release and who will pay damages if the release is not obtained or proves inadequate.
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• ***Arbitration: The submission of adispute to a neutral third party for resolutioncan be quicker and less expensive than going to court. The Joint Ethics Committee will arbitrate disputes, while in parts of the country without such a group any neutral party or the American Arbitration Association could be used.
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• ***Exclusivity. The contract or letter of agreement should relate only to the property being sold and not to other properties (such as properties that the artist may create in the future).
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• ***Subsidiary rights. Secondary uses must be specifically protected (such as the right to make postcards or tee shirts from original artwork).
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• ***Return of publication or reproduction rights. If the publisher or manufacturer breaches the contract, or no longer actively sells the work, the usage rights should be returned to the artist.
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**Selling the physical artwork 'does not' transfer any rights of copyright. Nor does selling a 'right of reproduction' to a client give the client any claim to the physical artwork. All transfers of 'exclusive' rights by the creator must be by written and signed authorization of the creator of the artwork and must specify what 'rights" are being transferred.

This is just the basics that should be in a 'Letter of Agreement', there are several really good books out on artist contracts and how to price your work. I am not a copyright lawyer nor do I claim to be, I do sell my work and these are some of the things (depending on the project)I include in my 'Letter of Agreement', this protects both you and the buyer from any misunderstandings and any future possible copyright infringement. This is in no way a complete listing of possibilties....

I hope this helps some for those considering selling their work commercially....:)

P.S.I apologize for any mispellings.....

Thank You Zhann, This is definatley worth spending some time investigating & tailoring to specfic needs.

Really good information here Zhann, thank you!

go thru this site.. http://editorialphoto.com/ the form section http://www.editorialphoto.com/forms/termscondnonedit.html provides a form that you ought to provide with all invoices. http://www.editorialphoto.com/forms/index.html For those who supply to magazines, etc..they have a section which tells u the conditions for each magazine. Of course..this is for photographers..so u will have to change to suit your needs. Another good site is http://www.gag.org/contracts/glossary.html for graphic artists.. has a lot of info there on copyright glossary.

Sometimes I think Zhann reads my mind. I was going to ask about this sort of thing,but more for photos,when I get more of a portfolio.Who knows even ameteurs can sell certain things too. Thanks Zhann!

Message edited on: 07/03/2004 00:18

dBgrafix, if you`re going to sell photographs I suggest you try getting them with an agent or photo library. The only downside is they do like a lot to choose from and their commision may seem rather high. My agency required an initial submission of 400 with regular updates. They also took 50%, which seems a lot but you have to remember they advertised world wide, produced catalogues, picked clients up from the airport etc. There is no way I could have got my stuff published in national magazines without them.

selling my stuff?..heck, I have to give it away now..;) this might also look good in the copyright forum..

Attached Link: http://www.ivanhoffman.com/artist.html

The article at this link also helps. It's actually targeted more toward publishers than toward artists, but it shows how the copyright really favors the artist in the absence of a proper contract. Handy, especially since each publisher I've dealt with has their own contract.