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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 
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>
>
> Natalya Zahn wrote:
>> Thanks Emily!
>>
>> I sent this particular estimate off with those terms exactly, and 
>> didnít 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 youíre 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>
>>>
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>>
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