Ugh this stuff makes me dread to become a "real" artist... I don't ever want to grow up!
Yeah...the contract negotiation strategy applies all the way through ANY contracts...we will expand upon that in the next video but the foundations of how Ive been able to get about six hundred documents done are there. Negotiation is a delicate art and once you can do it well, there is no stopping you.
Downloading right now!! Very excited to start watching it! Are these example documents that come with it, ones that we can use for our own? Are they print ready?
yeah they are simple documents you can use and they will be enough to show the intent of required confidentiality. If you are doing something big big big with the games or movie industry you will want to get more specifics added...but for the basics of discussion they are a good place to start. Super simple so easy to get signed.
Thnx for the support.
Bought! Thanks, Jason and thanks to Jeff Makoff as well for supplying us with this information. Legalities and stuff like this is very confusing, so this is a resource that will be useful. Been looking into freelancing, so having this under my belt will be great.
did i say "thank you" already?
Wow, this was realy useful. Thanks so much!
I have a question though concerning NDA work and showing it in your online portfolio / blog or whatever and in a print portfolio.
Technicaly i shouldn't be allowed to do that right? I shouldn't even be allowed to put the work i did for hire for a video game company into a print portfolio to show to other video game companies which are in competition with the client i did the artwork for.
Everybody these days seems to post work on their blog as soon as the game / movie is realeased though and sometimes even prior to that. How do you usually handle this type of stuff? Do i need to ask for permission in writing?
Their is a lot of work you (Massice Black) did for clients in your thread for games and films that have alraedy been published. Do you have special clauses in an NDA for that? A friend of mine working in animation asked one of her clients if its fine to post work in her online portfolio she did during an internship and the client was so upset about her even asking that they threatend her with their lawyers immediately in their response.
I had a good and friendly relationship with my clients so far and i don't expect anybody to react like that but is this something that regularly happens like that in the industry?
How should i approach a client when asking for permission and do I have any right to at least claim permission to use the work i created for them for means of self promotion at all?
Thanks for your time and all the great videos you've been putting out so far!
That's fantastic news. I'm glad to see this kind of valuable advice being put together for all of us and it's very much appreciated. One thing though which I'm concerned about is if it has english sub-titles or close captioning in it. I ask because I'm hard of hearing and if I miss most of what's being said, then it could make the video less valued on my end.
Otherwise, I think what you're doing is excellent.
"This is not stuff you get in art school. This is the real deal."
unfortunately this is true...thankyou for putting together dvds like this...it is invaluable information.
Taking advantage of the sale and downloading now. I am not sure if being a professional artist is in my future, but knowing this information is sure to be helpful, no matter the level you're at.
it does not currently have subtitles. We are beginning to transcribe the videos so this can be taken care of. Shoot me a pm with your email and I will send you a copy to test and if it works you can make a donation to the site for the same amount. Cool? If not just hang tight and we will have them done later in the year.
Thanks for the discount! Downloading now.
I haven't purchased this material yet, but the fact alone that you've put this up is just great. I think this DVD is much more important than yet another "How to paint this'n'that". Artists need to know their rights much better, and the information how to exploit one's hardly trained skills is of no less importance than the creation of artistic works themselves. My own history in the creative industry is full of pitfalls I fell in, of letdowns because I didn't know how to best insist in my rights and so forth. All knowledge I have now I had to learn the hard way.
I hope by spreading knowledge like this, the whole creative branch of the industry can improve it's performance in negotiations and when it comes to legal issues.
Very good move, thank you very much!
well I'm not Jason, I'm sure he's going to get back to you, but maybe I can give you one or two good hints in the mean time, as I presume that you're working under german jurisdiction.
Most of your questions are answered through the NDA you have signed – just read them with care. It's hard to give advice without knowing the contracts you've signed, but usually, the typical NDA says that you mustn't show any material to the public that has not been disclosed by your client before (or any other party who is entitled to do so). So, working under an NDA, you must never be the first mover when it's about taking things to the public, including your own pictures. Just NEVER do so, unless you want to get yourself into trouble.
There is a way though how you can finaly present you pictures to an online audience or to other clients. You have to get a permission in writing. This provision is usually part of the NDA as well. Just kindly ask your contact person when you feel it's about time (like, after release of the prodct you've worked for), give them a list with the artworks you'd like to show, and have your client send a permission fax to you. Usually, that shouldn't be a problem. The story of the friend you're telling here sound a bit strange, but maybe we just don't know the entire story.
It's nice to have a friendly relationship with your clients, but don't mistake that for a friedship. Usually, your clients are not your friends. They need your works, you need their assignents. It's business. But no worries. Just because it's not a friendship, it doesn't mean that the business partners automatically treat each other like robbers. Keep in mind though that you have to fight for your own position from time to time. Don't give in because you want to be friendy, if you've got the feeling this might harm your own interest to a high extent. Don't be ashamed: A disagreement on a certain point in a contract is not an offense, it's not an insult, and if you're about to set up a professional work relationship, your business partner-to-be will understand this attitude and will work with you towards a satisfying end result. For smaller assignments, these negotiations can be solved with one or two phone calls. Just do it if you think you should, and don't hide away your concerns.
So, at some point you might come across a NDA or a type of contract you'd like to have changed. It is a very good idea, for example, to make sure that you are allowed to show your own works in public at some point. Also, keep in mind that you have the right to be properly credited. Look up the Urheberrechtsgesetz (you can find it online, don't have it at my hands right now) and look out for the Urheberrechte (which are basically like moral rights in british or US law). Refer to these rights if you've got the feeling that you get ripped off.
Hope it helps!
tobi, hey thanks so much for your reply. this was realy useful. i realy appreciate it!
especially thanks for reassuring me, that to get permission in writing for everything is the way to go, and the german viewpoint on the subject.
I didn't think twice about downloading this.
Due to my naivete, but with no fault of my own, my first professional gig ended with a personal loss of $4000 in 1994. I had to learn how to navigate the legal pathways blind. I remember going back to my old design college to talk to some students. I suggested to the tutors that they devote a couple of hours a week of the curriculum to teaching good legal and business knowledge. They told me this was not of great enough importance to disrupt the present curriculum. Go figure. If only this type or resource was available when i started off.
This is probably the most vital type of video to both pros and beginners on the site. Thanks Jason
Last edited by Dave Kendall; July 19th, 2009 at 08:17 PM.
thanks a lot for this to buy and download, I was very sad when I couldn't watch it the day and I thought there would be no chance to see this. I am going to buy it right now.
thanks again I am sure it will be helpfull
I'm a bit confused. Is this still on sale? The original posting and edit tags are dated back in June. The current listed price is $25, which would make the full price $50 if the sale is in effect. Is that correct?
@ The Magistrate it's still for sale and I just bought it and I paid 25$
Am downloading right now & am going to grab Jason's lecture on freelancing (http://conceptart.org/forums/forumdisplay.php?f=170) later this weekend - woo~!
wow! thanks for this Jason! I'll
definitely be getting it cuz I have
the hardest time asking for the rates
I think i deserve, and all buisness
matters in general...artmovie
Here is a question I'm posting in regards to this video. I havent been able to buy it just yet and I will do so a bit later this fall, but a friend of mine took up a question loosely linked to money, legal matters and art in his journal on Deviant Art. Is this covered in the video (fullrecord on the matter is below) if not, are there any suggestions on how to handle it and/or possibilities it will be taken up in a later video?
Recount of the subject:
Would this be taken up in this downloadable? Otherwise, any suggestions?Art damage and how assurances handles things
Its about time, to talk about a not so easy topic: Art -damage
In my recent activities there is a case from a group exhibition i was a part of in beginning of may 09.
Nothing wrong with that, a group exhibition at a bank which was organized a half year upfront and planned to end with a local culture-night -again nothing wrong with that, 120 guests at the vernissage, around 2000 visitors in 4 weeks and 500+ visitors at the "finissage" it was a great event but on may the 19th, two of my works were broke by the cleaning company -nothing wrong wth that, a limited print worth 180,- and an original work priced with 1400,- euro.
In July the assurance of the cleaning company started to work on this case with a first answer that they can´t imagine how the prices were set and how the difference comes...?(i should reduce to my first costs??)
Well i thought silly people there, lets send them some balls back and a lawyer started to shout.
The next answer to expect is that still they won´t accept that prices were set upfront, over 2500 visitors could have seen these images and the pieces are not restorable.
and i should show compareable sales to prove.
Hah, what about doing only digital illustrations making the originals even more valuable?
And what about market presence, is it nothing worth today to be a fulltime freelance artist?
Well, this case is just the beginning, and i´m really annoyed by this behaviour-
the most annoying part is that the whole thing costs time, even when hopefully an expert judges my work and it goes to court -it takes time.
I´m pretty sure that i´m right, don´t even want to know how they would reduce to the first costs the "fat chair" (_[StudioC] here was a link_ [StudioC]) from Beuys???
As the case progresses i´ll update you with more news, so stay tuned...