Well said, Emily.
I had a small software developer refuse to pay me my completed rush job, because the original client put a Stop Work on their development. They were trying not to pay me, because they weren't being paid. I had a clause in my subcontractors agreement about delays or termination, and simply stated their obligation to pay me regardless of when they were paid. I spoke directly to the client at the grand opening, and she realized that this company was holding up all payment to the subcontractors (there were about 6), so the client generously paid them the amount owed to us, thus resolving a legal entanglement. But it could have been really sticky. There needs to be motivation to pay artist's on time (penalties), and a time frame regardless of when they get paid. The transfer of any usage rights is only applicable when the artist is paid in full.

Linda
_____________________
Linda M. Feltner Artist, LLC
P.O. Box 325
Hereford, AZ 85615
(520) 803-0538







On Jul 16, 2013, at 5:22 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

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