Price is directly related to use.
There are many considerationsfor pricing a piece of illustration.One common misperception isthat fees are based on whether itis original or stock art. The fee forthe use of illustration should bebased on the use of an illustrationand the exclusivity of its use, noton whether it is original or stock.The fee will vary based on how exclusive the use of the image isin the use that is contemplatedfor it, and whether the client wants rights for all uses for a setperiod of time (which is a licens-ing equivalent to purchasing theillustration).Speciﬁcation of the anticipateduse must be clearly stated in a written agreement. A troubling ambiguity often exists, however,about whether an image licensedfor use in a print medium is thenincluded in the internet version of the print piece. Unless theusage was speciﬁed, the rights arenot automatically granted. As inany agreement, it is important toclearly state all usage for purchasein detail; otherwise the rightsnot speciﬁcally purchased remainthe property of the illustrator.
Every agreement shouldexist in writing.
Once the appropriate talent hasbeen selected, negotiations begintaking into account the following criteria: rights, usage, schedule,exclusivity, complexity, extendedrights and, in some cases, thereputation of the talent selected. Written and signed documenta-tion should be completed before work is begun (even on a rushproject) to ensure that everyonehas the same understanding. Thisdocument should outline in detailthe usage, deadlines, level of cor-rections allowed before incurring additional charges, potential killfees, payment details, form of delivery for ﬁnal art, expenses, etc.Typically there is one sketch sub-mitted unless otherwise negoti-ated. If the project requires morethan this standard, then this mustbe communicated and negotiatedbeforehand. Often“corrections”or small adjustments are made,but only to the original agreed-upon concept. These guidelinesstand for computer-generatedillustrations as well. Althoughthe work is created in a differentmanner, the same considerationsare adhered to.“Changes” reﬂect new ideas thatare brought into the sketch orﬁnish stages. These are negotiatedbefore the changes begin andare added as an addendum tothe contract.
Original artwork belongsto the illustrator.
There are concerns that thebuyer and illustrator must keepin mind to protect the value of the work, both within and outsidethe context of the contracted us-age. These issues are understood within the industry and are ad-hered to by professionals on bothends of the creative exchange. An artist’s copyright is owned by the artist and is protected fromthe moment it is created by the1976 Copyright Act. This pro-tection covers the work for theartist’s lifetime plus 70 years. If agreed to in writing, the copyrightmay be assigned elsewhere.Original artwork belongs to theillustrator, regardless of the userights that are licensed. Originalartwork is provided temporarily tolicensees for reproduction. Eventhe purchase of “exclusive rights”represents rights to reproducethe artwork only. The originalillustration remains the property of the illustrator unless it is pur-chased explicitly and separately from the rights.Original artwork cannot bechanged without the creator’sapproval. Changes to an illustra-tor’s work must be made by theillustrator, unless permission issecured from the illustrator ﬁrst.It constitutes creating a derivative work from copyrighted mate-rial, which, intentionally or not, violates federal law and places thebuyer at risk. Many are simply notaware of this law and unintention-ally violate it, so please be aware.For additional up-to-dateinformation about the copyrightlaw, please visit www.copyright.gov/title17.