Hello fellow Illustrators,
*I SO thoroughly enjoyed meeting so many of you at the Bar Harbor conference last week!
What a treat to finally converse with professionals in my field. Y'all are TERRIFIC.
I have been exploring the List-Serve archives but I have a question I'm still seeking an answer for, I'm hoping someone here with more experience than I have will offer a few pearls of wisdom for me.
I am currently in contract negotiation with an internationally recognized botanical gardens on the East Coast - they are expanding an exhibit and they, working with an exhibit design firm, will need between 100 and 150 illustrations of various types, to go on signage and display. Subjects range from very simple (single subject, line drawing) to more complex (naturalist's notebook type paintings with handwriting woven in). I broke down my proposal into categories, with fee ranges for each type of illo, and my initial terms were roughly this:
- artist retains copyright
- usage rights apply to signage (obviously), direct advertising for the exhibit (print & web), and use in an accompanying exhibit iPad app.
- NO merchandise/product uses, or placement in published exhibit catalogues/coffee table books included
- exclusive for 3 years
Now, of course they initially wanted full rights transfer on everything (I provided an option in the quote, but it's far more than they want to pay), but we talked through it and they agreed that only purchasing additional rights on their eventual favorite illustrations would be appropriate and fair. BUT, they're still on the fence about the exclusivity issue… they asked if they could reserve the right to allow or not allow a potential licensee to use the work, after the exclusivity window was closed… which doesn't seem right to me, since that essentially gives them the power to veto everything. (I can understand them not wanting their "classy" imagery to potentially end up on a cereal box, but this is what additional rights fees could protect them from, correct?)
I've never worked with a large institution like this before, or on exhibits. Is there a standard protocol for exclusivity in this case, since the work will be a semi-permanent fixture on their grounds? Is it wrong for me to want to be able to re-sell the artwork after a given period? Is their request to have veto power as ridiculous as it sounds to me?
Many, many thanks to anyone who can help here!
*I have the GAG handbook and use it regularly for reference. ;)