This is very sound advice - thank you Jim!!

-Natalya


On Jan 26, 2015, at 11:05 PM, Jim Perkins <[log in to unmask]> 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]> 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
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Natalya Zahn wrote:
[log in to unmask]" type="cite" class="">
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]> 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 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



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