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Thanks Jim. It's great to hear you've had success pushing for limited rights. Nicolle Jim Perkins wrote: > This is good advice. In fact, many journals these days demand full > copyright to all submissions, including the author's text and all > accompanying artwork. As Nicolle said, the authors gladly sign these > agreements since they see it as a necessary condition for getting > their work published. They may not realize (or care) that it violates > the terms of their agreement with the artist. > > Many illustrators have had success negotiating with the journals to > accept something less than a full transfer of copyright. At a minimum, > however, most journals are going to insist on one-tiome print rights > PLUS a limited use license in perpetuity. That's because most journals > now offer an online, archived edition and they want to be able to use > the artwork in the online version long after the printed version is > published. This would prevent you form putting any kind of time limit > on the usage. > > I think your best bet is to grant them: > > 1. One-time print rights for a single printed edition of the journal. > > 2. Non-exclusive rights to use the artwork in an online or electronic > archive version, /but only in the context of the original printed > article/. In other words, they can only use the artwork as it appears > in that one printed article. This prevents them from repurposing the > art for other articles or adding it to their clip-art collection. > > Since you're granting them a non-exclusive, limited license, you keep > the copyright and can use the artwork for anything else you want, but > it satisfies the needs of the journal at the same time. > > Jim > > > > On 1/26/15 1:31 PM, "Nicolle Rager Fuller" <[log in to unmask] > <mailto:[log in to unmask]>> wrote: > > 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 > > Facebook > <http://s.wisestamp.com/links?url=http%3A%2F%2Fwww.facebook.com%2Fsayo-art> > Twitter > <http://s.wisestamp.com/links?url=http%3A%2F%2Fwww.twitter.com%2Fsayostudio> > LinkedIn > <http://s.wisestamp.com/links?url=http%3A%2F%2Fwww.LinkedIn.com%2Fin%2FRagerFuller> > > > Natalya Zahn wrote: >> 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] >>> <mailto:[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] <mailto:[log in to unmask]>* >>> www.emilydamstra.com <http://www.emilydamstra.com/> >>> emilydamstra.wordpress.com <http://emilydamstra.wordpress.com/> >>> >>> On Sat, Jan 24, 2015 at 3:51 PM, Natalya Zahn <[log in to unmask] >>> <mailto:[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 >>> >>> >>> Natalya Zahn >>> [log in to unmask] <mailto:[log in to unmask]> >>> www.natalya.com <http://www.natalya.com/> >>> 617.301.0494 <tel:617.301.0494> >>> >>> ________________________________________________ >>> >>> Need to leave or subscribe to the Sciart-L listserv? Follow the >>> instructions at >>> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv >>> >>> >>> ________________________________________________ >>> >>> Need to leave or subscribe to the Sciart-L listserv? Follow the >>> instructions at >>> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv >>> >> >> ________________________________________________ >> >> Need to leave or subscribe to the Sciart-L listserv? Follow the >> instructions at >> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv >> > ________________________________________________ > > Need to leave or subscribe to the Sciart-L listserv? Follow the > instructions at > http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv > > ________________________________________________ > > Need to leave or subscribe to the Sciart-L listserv? Follow the > instructions at > http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv > Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv