your answer...
Specifically, I will need some illustrations/drawings/images produced
and I was wondering what is normal as far as rights of the artist and
person requesting the work.
Do one of the four (or anything else) apply:
Is it normal to pay for the time and then the purchaser gets to keep the
image free and clear after purchase...does the artist keep some right
to display the image...or does the artist get a percent of the sales of
the image or product?
If the answer is, "Whatever you agree on." What is fair?
What if the artist is in another country?
Finally, do you need to or usually have each party sign a release or
contract?
Thanks
You need to be a member of CCAS - Christian Comic Arts Society to add comments!
Replies
Is it normal to pay for the time and then the purchaser gets to keep the
image free and clear after purchase...does the artist keep some right
to display the image...or does the artist get a percent of the sales of
the image or product?
Generally the "purchaser" gets the right to use the images/pages created. Creator/Illustrator either gets to keep and use the images for promotional purposes, or other uses as per agreement. However, they can't really run off and use your characters in another environment. This is considered bad form, and really, there is no point since their work would be in competition with itself.
The above varies based on: 1) Is it work for hire? 2) Other agreements you feel are fair and the artist agrees to. If you feel it's fair for the artist to use the work for promotions of their own talent, then make that part of the contract. If you feel it's fair for them to sell prints of the work, put that into the contract. (This is usually a good thing because it a) Promotes your product, and b) Allows the artist to be seen, thus getting them more work.
The artist can get royalties (A percentage of sales) if that's what you and the artist agree on.
The artist might not get royalties if that's what you agree on.
If the answer is, "Whatever you agree on." What is fair?
Base this on the following: How much do you expect to make in a 7.5- 8 hr workday and consider that as a potential amount the artist should receive. If it takes 1 day to pencil, a half day to ink, half day to letter and a day to color that's potentially 3 days worth of work for a page.
The numbers above vary according to: a) Style, and b) who is doing the work. So potentially you might have a penciller who is really fast and can hammer out 2 pages a day (or the opposite 1 page every two days). Or a colorist who is slow so they take a day and vice versa and the same goes for all the others.
Low-end could be as low as $50/page higher end might be $300+/page. And that might only be for pencils. Remember: you get what you pay for. The low-end pay person usually (not always) produces a substandard product. Please don't skimp in order to save money, or your product will look like a turd.
If I was wanting to pay $50/page as a publisher I would: a) Expect 2 pages a day, and b) Expect them to look like crap. Mostly because, I would be thinking the artist, for $50 isn't going to spend anymore than 2 hrs. on it, and usually it takes 2 hrs. to only come up with the rough layout for a page.* (Unless the style was uber-simplistic and warranted. Do note: simplistic doesn't always mean unsophisticated.)
Some people are faster, some are slower. Sometimes you will need a team: A penciller, an inker, a letterer, and colorist. Some people can do all of it. Things are faster and cheaper if you only want black and white or limited colors. Or your comic doesn't have any dialog, or you decide to go straight from pencils and skip the inks.
Buzz, Alec or Bob L may be able to add some insight into what is fair pricing and how long it should take for a page to get done and by how many people. But again, pricing varies depending on the quality of the artist, and who they are and what their expectations are.
What if the artist is in another country?
The law or the work contract would probably be under the originating country. So if you are the originator of the contract, then the rules probably apply according to where you are located. If the artist agrees to your contract, then you should be good to go. I think for most contracts in Canada and the US they cross pollinate fairly well with very few minor differences. There may be issues with other countries but you would have to look them up.
Finally, do you need to or usually have each party sign a release or
contract?
A contract would be highly recommended. Make it clear and concise. DON'T USE LEGALESE. Tell them your expectations, and what the penalties are for missed deadlines. Also make it clear as to what copyrights belong to whom, and who gets what. i.e. Does the artist get royalties after a certain amount of issues sold, do they share in profits etc. OR if it is a work for hire situation and what that entails.
Hope some of this helps.
*** I AM NOT A LAWYER. These are insights based on my understanding of the industry, and for the work I've done for others. Please review the Copyright website for the US, and speak with either a lawyer or someone who deals with copyrights and contracts regularly to get further insights.
*There are always exceptions. There are some guys out there who are crazy fast, and crazy good. There might be others that are fast and terrible. There are others who may be slow and good, and slow and terrible. You probably want to find somebody in between.
In North America (at least in Canada) If an artist illustrates something - they OWN the copyright to the material they create - though they may not own the characters - they own the image. (Does that make any sense?)
If you write something YOU own the copyright to the material you make.
Usually, the company is purchasing the rights to produce the work in a given specific context i.e. We will pay for the use of your images in a comic book. Should we use it in promotional materials, the illustrator is to receive an additional $xxx.00 or %
If the artist wishes, or you request, they may be willing to sell the copyright to their images for an additional fee. According to the Graphic Artists Guild Handbook this fee can be anywhere from 30%-100% of the fee for the work done.
If you decide you want to negotiate a part ownership with the illustrator, you will need to look into what that entails. You may wish to incorporate a buy-out clause.
NOW THIS MAY NOT APPLY IF IT IS WORK FOR HIRE - But this must be clearly stated. This is also probably the way the big boys Marvel and DC work though they are starting to be more flexible with copyrights.
To get your feet wet please visit your local online copyright resource here: http://www.copyright.gov/
Buzz Dixon may have some better insights into this matter.