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"Cook, Lynette" <[log in to unmask]>
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SciArt-L Discussion List-for Natural Science Illustration- <[log in to unmask]>
Mon, 9 Mar 1998 14:01:08 -0800
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          Regarding your contract question, are you trying to retain
          the copyright and negotiate a one-time use contract? Or is
          the client after a buyout? Sounds like they might be asking
          for a middle-of-the-road situation, but will they let you
          keep the copyright and sell uses of the same art to
          non-competing publishers?

          When a client insists on not only book use, but also
          periodicals, newspapers, etc. it sounds like they want
          unlimited use. Are they paying for that? If you want control
          over the image you almost have to state it's nonexclusive
          use and for one purpose only (i.e. a specific book title) -
          although you can include associated advertising, promotion,
          editions, etc.  Note that a one-time use often includes
          future editions of the same publication even if that isn't
          spelled out.

          Perhaps one solution is to state in the contract
          that any use other than book use is permitted upon payment
          of a use fee 25 - 50% of the original use fee. That way the
          client knows they can use the art, and you still get income
          from those uses. Even with this, though, it's to your
          advantage to retain ownership of the copyright as well as
          the right to sell the same image for noncompeting purposes.
          If the client doesn't agree to all this, they should pay
          more for the rights - and any exclusivity - they insist on
          having. If the two of you can't reach a happy medium, then
          it's a matter of how much you want the job, exposure, etc.
          vs. how much you want to protect and control your art. You
          either have to give up or give in.

          Lynette Cook
          [log in to unmask]