Thank you so much for your response, I am trying to work with them on  
writing a new contract since the one he quoted only referred to the  
written work- not artwork, and I think it's highly unlikely they would  
pay me anything near $70 per hour!


Quoting Britt Griswold <[log in to unmask]>:

> If you are going to be doing work for hire, you need to charge what  
> you would cost the company in salary and benefits per hour. As an  
> independent contractor, $70 an hour is a more accurate price to  
> cover your expenses of insurance , studio, retirement, income , and  
> equity in the studio which you should be building up.
> If you are using art "assets" that you would normally reuse on  
> future project (often done in 3D files) you would not want to sign a  
> work for hire, because then they can sue you when you use them the  
> next time and produce images they would argue are "derivative" of  
> the work they now own... That is like eating your seed stock.
> Britt Griswold
> Manager,
> ----- Original Message -----
> From: Jenny Keller [mailto:[log in to unmask]]
> To: [log in to unmask]
> Sent: Fri, 12 Jul 2013 17:51:52 -0700
> Subject: Re: [SCIART] contract work questions
> Hi Laura,
> A contract with the wording "work for hire" does, indeed, mean that the
> client gets everything -- rights, originals, etc. You are basically a
> 'hired pen'. If it doesn't matter to you whether or not you can ever use
> the illustrations again (if, for example, the illustrations are so specific
> to the job that they would never fit another context), and if they are also
> granting you the right to use the illustrations in your portfolio (as they
> appear to be willing to do), then if the money is right, signing such a
> contract would not necessarily be a terrible thing. The operative phrase,
> however, is 'if the money is right'. If it's an all rights buyout or work
> for hire, my default is to at least double the price I would have asked for
> otherwise.
> The company's statement that an agreement that would allow you to license
> the illustrations to other entities "doesn't hold for independent contract
> work," is not true, actually. They may be sure that THEY don't want to pay
> you to develop materials that you can license to others, but it can
> certainly be done -- I do it all the time. A contract is whatever
> arrangement two parties agree to.
> Since the people at this company are clear that they want a 'work for hire'
> agreement, I would say make sure the price is worth it. They *are* paying
> by the hour, so at least you won't get stuck with a set price if they start
> making a ton of revisions.
> Be aware that once they own all the rights, it's basically as if they
> created the work. Among other things, that means that if one day you were
> to create a derivative work from one of those illustrations, THEY could sue
> YOU for infringement. It's something to keep in mind as you work: if you
> had to create another illustration of the same subject, how would you do it
> differently? You might even want to keep some of your most brilliant ideas
> in reserve, if you know you plan to publish later on the same topic.
> Good luck, and don't let 'em push you around!
> Jenny
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