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

----- 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

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!


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