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Natalya,

You will want to ask them to "modify" that No Sharing or Posting section.  Many client/institutions have no problems with the artist posting examples of their work as long as the finished product has been made public.  Maybe if you specify that during the exclusive phase of the art use, you could only post images less than a certain number of pixels, and identifying who the work was originally done for.   

But since you really are giving them a license to use the work exclusively for a specified period, you should be asking to replace that clause with "no posting or sharing before the exhibit opening." Or add in "no high resolution images that would allow reproduction. " if they baulk.

If they want to take away your ability to publicize your ability  to create work by not allowing you to display published work, they are asking you to be harmed financially, so you should charge them for the privilege unless they agree to modify the clause.

Or it might be easier to leave the clause as is and add in one of your own that says the institution is giving written consent within this contract for you to use the images in the (non-sales) promotion of your services in all media between the time the exhibit is opened until their license runs out.  If they balk, give back "merchandise" promotion, or add an image size limit. That way the consent they want you to get is given upfront for the uses you need. just an idea...

I am afraid others will have to speak up about what they did with this sort of issue, or if my ideas have a chance of success. I have never run into this problem.  

Britt


----- Original Message -----
From: Natalya Zahn [mailto:[log in to unmask]]
To: [log in to unmask]
Sent: Mon, 15 Jul 2013 23:46:45 -0400
Subject: Re: [SCIART] Exclusive Rights for Exhibit Use

Linda and Emily,

Thank you so much for this valuable information! I am indeed being paid by a project management contractor, which is separate even than the exhibit design firm. there are an awful lot of cooks in this kitchen! Which makes all of these negotiations take a VERY long time. I'm doing my best to be organized and firm about my position, and I really want to understand what I can reasonably be negotiating for since it's just me in the room with whole boards full of people angling for THEIR best interests (and lowest costs).

I do know this is expressly NOT a work for hire situation, and so far they seem receptive to my few problems with their contract language (like the requesting of a full copyright transfer).

*How do you all handle the portion of the contract that deals with "Announcements/Promotions/Sharing"? I'm fine with not broadcasting work that isn't complete, but when it IS complete - and the exhibit live to the public - I'd like the ability to announce the project on my blog, or post images in my personal online portfolio. As it stands, the contract verbiage lumps that kind of action under - "NO SHARING OR POSTING, unless you get the institution's written consent". Is that normal?

**Both of your portfolios are beautiful, BTW. :)

Cheers,
-Natalya


On Jul 15, 2013, at 5:19 PM, Linda Feltner wrote:

> It was great meeting you Natalya, and missed you at the conference Emily!
> 
> I agree with Emily. But, I think you are being generous with the three year exclusive use of the work, and that's fine, it's reassuring to the client. If it's a single-use license or a first-use license (having a hard time coming up with the exact word right now, still jet-lagged) and NOT work for hire, then they should not have the right to veto or screen or approve ANY future licensing of the work. That's what it's all about.     
>  I comprehend their reservations to seeing the work they paid for in another venue, but ...... they are getting a good price for this limited licensing. 
> 
> Very Important to understand who you are contracting with, the exhibits designer or the institution. No matter who pays you, it should be clear in the contract who you are licensing to. I have licensed to the institution, but am paid as a subcontractor from the design firm.
> 
> Not sure about the question of Licensing the figures? do you mean registering a copyright? Depends on who owns the artwork copyright.
> 
> I'm glad you enjoyed the conference. Hope to see you next year.
> 
> Best,
> Linda
> 
> 
> _____________________
> Linda M. Feltner Artist, LLC
> P.O. Box 325
> Hereford, AZ 85615
> (520) 803-0538
> www.lindafeltner.com
> 
> 
> 
> 
> 
> 
> 
> On Jul 15, 2013, at 1:54 PM, Emily S. Damstra wrote:
> 
>> Natalya, I have interspersed a few short answers within your text below.
>> Is your contract with the design firm or with the botanical garden? 
>> In my experience, it can be a bit trickier when you are signing a contract with and being paid by the exhibit design firm rather than their client in the sense that the exhibit design firm doesn't really have the power to enforce certain things in the contract, such as proper illustrator citations or such as the client selling merchandise with your illustrations on it.
>> 
>> ---
>> Emily S. Damstra
>> natural science illustration
>> Waterloo, Ontario
>> (519) 616-3654
>> [log in to unmask]
>> www.emilydamstra.com
>> emilydamstra.wordpress.com
>> 
>> 
>> On Mon, Jul 15, 2013 at 3:57 PM, Natalya Zahn <[log in to unmask]> wrote:
>> 
>> 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?
>> 
>> I don't think there is a standard protocol. Every case is unique.
>>  
>> Is it wrong for me to want to be able to re-sell the artwork after a given period?
>> 
>> No, that's perfectly normal. I would call it "license" rather than "re-sell."
>>  
>> Is their request to have veto power as ridiculous as it sounds to me?
>> 
>> Yes, absolutely, unless they are willing to pay extra.  If they want total control perhaps they should reconsider paying the extra to own all rights.
>> ________________________________________________
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