What Rights do i need to uphold?

[KKay]

I have been emailing a guy who works for a well known comic book advertising cataloge as well as doing independent underground comics, CD's and is just going in to making Dvd films, with somewhat adult related undertones.

He has expressed an extreme interest in my work. Since he works on a very small budget he wishes to pay me via Dvd's which is fair enough, i am happy to do that, but if my artwork is displayed in these films, what are the major points in terms of my artistic rights that i should uphold for these film projects?

Kristian

KnB Illustrations (http://www.knbillustrations.blogspot.com)

[Duncan]

Are you asking what copyrights you should "sell?" Or is it a moral question?

[KKay]

More a case of what i need to be wary of as i have never had my worked displayed before via another medium. So my question is by putting my work in this medium what rights to my work do i particulary need to maintain. If that makes any more sense, as i don't wish to sign an agreement and then realise that i have forfitted every artistic right to my work that i have. :O

So basically what do i need to be in a contract to cover my own ass and maintain a certain level of the rights to my work.

My apologises if that still doens't make much sense. :bashful:

[Duncan]

I got ya! I'm not sure of UK copyright law, or if you're selling it in the UK, but with any work try to maintain as many rights as you can. Never sell "All Rights" or "Work for Hire," if you can help it. Maybe grant something like a non-exclusive first run of however many copies they're making. Then I'd limit the contract in some way in case it hits it off nicely like insert a clause in the contract along the lines of "i'll receive dvd copies as payment until it sells say 5,000 copies, then i'll get such or such payout or some percentage of the royalties" depending on the level of your contribution to the final piece. I'm not sure what art you're contributing but you can look up on the internet some where the going rates. Just make sure you'll like the work before you do something for free, not sure if you'll want to show it off as portfolio work if the contents questionable. And make sure to maintain ownership of the final artwork! I've ranted quite a bit here and I'm not really sure what I'm talking about. Hope I've helped at least a little bit.

[KKay]

Thanks for the advice Duncan, i will definatley discuss with the producer of these dvd pieces refering to cash payment after so many copies or something along those lines. The client who i am doing this for, actually plays a general part in the international comic industry, but likes doing these underground projects. I have been told that my particular part will be related to actual illustration images shown in the films possibly on the covers, and also a bit of storyboarding.

Thanks again for that information it has defiantely been a great help.

Kristian

[Martin de Madrid]

Find out what's in it for them. . . if they are going to make a pile of money, why are you only getting paid in cds? What are the cds of? Can you resell them? How many are you going to get? In other words, what is the true value of what you are receiving vs what they will make using your artwork? Too many artists sell out for cheap. "Oh wow! I'm noticed!" Well, great, but you have to live too. You don't go around to your landlord, the grocer, the utility company, the bank and offer cds in exchange for writing off your bills, do you?

As an artist, YOU HAVE A RIGHT TO EXPECT A FAIR AND DECENT RECOMPENSATION FOR YOUR HARD WORK AND YEARS OF TRAINING! All too many of us just don't believe that. Believe it! It is true! If artists all stopped wimping out when it comes to being fairly paid for our work, we would not be starving. Remember, they are clueless when it comes to doing art. Art making is a rare skill when you see how many people don't know how to do it. It takes years and years of training, more than a doctor, more than a lawyer, more than just about any profession. Yet we get the shaft when we go to get paid!

The only way this will change is when artists collectively wish it to stop and change the way they do business.

Good luck, and good skill.

[KKay]

You make some very interesting points, 1st being i had never thought about the profession itself taking such application, although i guess that comes from overing drawing since i was 2, But i like where you were going with that.and will probably use it when i get family members saying you should have been a dentist or doctor :bashful:

I have to admit as someone who is just trying to get into the freelance field, the tempting idea is to do the jobs for low prices until confidence in your work and abilities is reinenforced by more demand for your work. I do agree though that artists and illustrators in general are far underpaid and undervalued in general.

As for the Dvd's payment thing, i imagine they will be some of the publishers underground stuff, but the whole plus point of the agreement for me was more the additional factor that he works for an popular international magazine which advertises usually a single artist or illustrator every month, and i have known several artists/ illustrators who after having their work displayed in this magazine have then been contacted by several serious clients for work, and from there then gone onto bigger things. So that is my main goal from this project.

But i did want to be sure that i don't create some character or something that then becomes a trademark or something and i end up having no rights to it. But since then i have spoken with the publisher and he has agreed that i shall retain all rights to my artwork and should he wish to publish anything with my work in he will have to get my permission. Of course once the project officially starts, contracts will be exchanged so i have all this in writing.

Cheers for Your input Martin De Madrid,