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Hi,

Just a note of caution that is slightly off-topic from your duration of exclusivity question... often times the researchers are happy to agree to a limited terms agreement with you the artist, without realizing that the journal they are submitting to requires all commercial rights. They sign the forms needed to submit their paper, without paying attention to the fine print that 1) asks if they are the rights-holder, and 2) insists that they sign away all commercial rights. I found this out the hard way. Sometimes it takes some digging, but you can usually find the agreement on the journal's website under information for submissions. And of course, if that is the journal's standard policy, it's always worth asking if they make exceptions (although when I'm working with researchers, I've had a hard time figuring out who to ask at the journal).

When the journals DO require All-commercial-rights, I haven't come up with a good pricing solution. Oftentimes the researchers are stretched to the limit paying my base-price, let alone paying for the additional All-Commercial-Rights, and it frustrates me that it's the journal's requirements and yet they have to pay...

Good luck!
Nicolle

 

Nicolle R. Fuller, Sayo-Art LLC
Illustration, Art & Design
[log in to unmask]
www.SayoStudio.com

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Natalya Zahn wrote:
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Thanks Emily!

I sent this particular estimate off with those terms exactly, and didn’t get any complaints from the client - so I guess it was agreeable. Would still love to hear others input on general terms (though each client obviously has the potential to negotiate unique options).

Cheers,
-Natalya



On Jan 26, 2015, at 10:46 AM, Emily S. Damstra <[log in to unmask]> wrote:

Hi Natalya,
I do not have experience illustrating specialized medical journals, but in other types of projects I have stated in the contract that the time frame of exclusivity begins when I send the final invoice for the project.
I'd be curious to know if others use a different start date.

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

On Sat, Jan 24, 2015 at 3:51 PM, Natalya Zahn <[log in to unmask]> wrote:
Hi friends,

Quick question about rights pertaining to medical/cellular biology illustration to appear in specialized medical journals (not consumer-facing publications):

Since the scientists/doctors/researchers who commission this type of work are often placing it within papers that may take years to get published, what are the general practices and fees surrounding duration of exclusivity? If you’re negotiating a set time frame of exclusivity (say a year) does the clock start the day you deliver the art? The day the journal is actually published? A random window of time specified by the client?

Thanks for any input!

-Natalya



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