Contracts and rights- University lecture

By: andrew berwick illustration

Mar 19 2012

Category: 3rd year professional development

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Contracts and rights: The basics

Contract-(legal document, safety net,outlines specifics) Both parties have a copy, sign it and it outlines what you are going to do avoiding any confusion. Dont be shy about including detail such as the medium, amount of revisions, deadlines, rate of pay, size, how many illustrations, project name, intended use and phased delivery.

Working out the terms of payment is also essential- total piece, flat lump sum? half up front? Remainder in instalments as you deliver the work.- Can the client use the artwork if they havent paid in full?

Kill fee- i didnt know this but a kill fee allows you still to be paid for the artwork you have done if the client for any reason pulls out. This must be agreed with the client beforehand (good term to remember)

How much will it cost them if they dont credit you in print? what will you recieve- copy of books-magazine? How will they credit you with the work? Always get key contact information and signature from someone in charge of payment. Googling the company may also be benefitial- find out as much as you can.

Other terms- Indemnification clause- this protects you legally from anything that arises. (for example a child chokes on a toy bearing your illustration).

Final 3 Points to remember:

NEVER give them full copyright of your work (without large payment)- or reproduction rights in full

DONT give them the right to subliscence your work to another company.

NEVER let them get the origonal artwork (illustration)

I feel this lecture was important in broadening my understanding of copyright and i learnt terms used within contracts i wouldnt have otherwise understood. Finding a solicitor will probably be essential when I fully move into freelancing however as this is an additional cost i will try to learn as much as possible.

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