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Britt, Emily, Annie,

I think my membership dues just paid for themselves! This is invaluable advice - all points VERY appropriate to consider. I am especially glad to be reminded that this contract process is an investment in a working relationship, and it behooves all parties to reach agreement, rather than come to loggerheads and start anew.

*Annie, I already have stipulated that original art remains my property (unless they'd like to purchase it for an additional fee), and in fact, all final art will be delivered digitally, so I shouldn't need to be sending them physical artwork at any point.

You guys are the best - THANK YOU!!
Hope to one day be able to return the favor...

-Natalya


On Jul 16, 2013, at 8:22 AM, Emily S. Damstra wrote:

Natalya,
I think it is perfectly reasonable for you to expect to be able to use your illustrations for promotional purposes as soon as the exhibit is live. In fact, if the exhibit is slated to open, say, 9 months after you sign the contract, I would suggest you included language about being able to use your images for promotional purposes "12 months from the date of the contract or when the exhibit opens, whichever comes first." (or something along those lines -- to protect yourself in the event of significant delays).

Because you are signing the contract with a project management company and not the botanical garden, it may be especially important to include language in the contract providing for financial penalties for late payments and for neglecting to credit you for your work in the exhibit. Something like:

"In the event that Client omits the credit line, Client agrees to pay an additional fifty percent of the total fee OR to remedy the omission within a reasonable timeframe."

The fact that your contract negotiations are taking a long time may mean you have more power than you otherwise might. Your clients may not want to start from scratch with another artist since there are deadlines to meet, so they might be more inclined to accept your (reasonable) demands.


---
Emily S. Damstra
natural science illustration
Waterloo, Ontario
(519) 616-3654
[log in to unmask]
www.emilydamstra.com


On Mon, Jul 15, 2013 at 11:46 PM, Natalya Zahn <[log in to unmask]> wrote:

*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?

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