Thank you all!!!

Your quick responses and perspectives are greatly appreciated and have clarified a lot for me that wasn't clear earlier, which will help me when I review the contract and reach out to the publisher again.

On Wed, Jun 27, 2018 at 1:00 AM, SCIART-L automatic digest system <[log in to unmask]> wrote:
There are 4 messages totaling 452 lines in this issue.

Topics of the day:

  1. illustration rights (4)

Subscribe to Sciart-L by completing the form at https://listserv.unl.edu/signup-anon

List name is Sciart-L

To unsubscribe, complete form at https://listserv.unl.edu/signup-anon?UNSUB=1

Problems: Email Lana at [log in to unmask]

----------------------------------------------------------------------

Date:    Tue, 26 Jun 2018 09:28:35 -0400
From:    Tammy Cloutier <[log in to unmask]>
Subject: illustration rights

Hello all!

I am not a natural science illustrator (although I hope to collaborate with
one for my PhD work), but am hoping for feedback from this professional
community. I think I may have seen previous posts that relate to my
question, so searched the archives, but didn't see the answer. However, my
apologies if I overlooked it!

My question...I wrote a children's book that relates to my PhD work, which
was published last year, and worked with a local illustrator in Maine. I
paid the illustrator for his work, but he unfortunately passed away shortly
before the book was published.

I am interested in obtaining at least 1 or 2 of the original illustrations,
but have not received a response from his surviving partner or the small
publisher I used. As illustrators, can you please tell me if you would own
the rights to these illustrations, or would I have access to them since I
commissioned them for my own project?

Any thoughts or suggestions would be greatly appreciated!

Subscribe to Sciart-L by completing the form at https://listserv.unl.edu/signup-anon

List name is Sciart-L

To unsubscribe, complete form at https://listserv.unl.edu/signup-anon?UNSUB=1

Problems: Email Lana at [log in to unmask]

------------------------------

Date:    Tue, 26 Jun 2018 09:38:00 -0400
From:    "Emily S. Damstra" <[log in to unmask]>
Subject: Re: illustration rights

Tammy,
Generally speaking, when one commissions an illustration in a situation
like you've described, one is licensing the image for the stated purpose,
not owning it (or the original artwork) outright. However, two parties can
come up with any arrangement they want so it all depends on the language in
your contract. Every situation is unique. Do you have a contract with the
illustrator?
---
*Emily S. Damstra*
natural science illustration
Guelph, Ontario
(519) 616-3654
*[log in to unmask] <[log in to unmask]>*
emilydamstra.com
@EmilyDamstra


On Tue, Jun 26, 2018 at 9:28 AM Tammy Cloutier <[log in to unmask]>
wrote:

> Hello all!
>
> I am not a natural science illustrator (although I hope to collaborate
> with one for my PhD work), but am hoping for feedback from this
> professional community. I think I may have seen previous posts that relate
> to my question, so searched the archives, but didn't see the answer.
> However, my apologies if I overlooked it!
>
> My question...I wrote a children's book that relates to my PhD work, which
> was published last year, and worked with a local illustrator in Maine. I
> paid the illustrator for his work, but he unfortunately passed away shortly
> before the book was published.
>
> I am interested in obtaining at least 1 or 2 of the original
> illustrations, but have not received a response from his surviving partner
> or the small publisher I used. As illustrators, can you please tell me if
> you would own the rights to these illustrations, or would I have access to
> them since I commissioned them for my own project?
>
> Any thoughts or suggestions would be greatly appreciated!
>
>
> ________________________________________________
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the
> instructions at
> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.gnsi.org_resources_reviews_gnsi-2Dsciart-2Dl-2Dlistserv&d=DwIBaQ&c=Cu5g146wZdoqVuKpTNsYHeFX_rg6kWhlkLF8Eft-wwo&r=AGYZ7-AeerjxzYnIwL-lBLFI3SPYN3BDmku4qGQB4Tg&m=4E6k5MO6nIg9DqeqgaLIv6JtPnCSFncJFyMYefqNy7g&s=qxmimtLTdq-oSsnFBByIDwYveQb_o7CkMqLRBTILUsg&e=
>

Subscribe to Sciart-L by completing the form at https://listserv.unl.edu/signup-anon

List name is Sciart-L

To unsubscribe, complete form at https://listserv.unl.edu/signup-anon?UNSUB=1

Problems: Email Lana at [log in to unmask]

------------------------------

Date:    Tue, 26 Jun 2018 09:55:55 -0600
From:    Marjorie Leggitt <[log in to unmask]>
Subject: Re: illustration rights

Hi Tammy.

Quick answer: unless otherwise noted in a contract, the copyright to artwork remains with the illustrator.

Marjorie Leggitt

Leggitt Design
303-394-0566
[log in to unmask]
https://urldefense.proofpoint.com/v2/url?u=https-3A__www.science-2Dart.com_leggitt&d=DwIFAg&c=Cu5g146wZdoqVuKpTNsYHeFX_rg6kWhlkLF8Eft-wwo&r=AGYZ7-AeerjxzYnIwL-lBLFI3SPYN3BDmku4qGQB4Tg&m=SlmxfkCQYPSg5a_on_buqP5ngtYVPgNMT4xmNH43ZXc&s=ayIwKBU8DZJ2Dr82rEZAc3B-RoCWe0JTuoXgK1z8CpM&e=

> On Jun 26, 2018, at 7:28 AM, Tammy Cloutier <[log in to unmask]> wrote:
>
> Hello all!
>
> I am not a natural science illustrator (although I hope to collaborate with one for my PhD work), but am hoping for feedback from this professional community. I think I may have seen previous posts that relate to my question, so searched the archives, but didn't see the answer. However, my apologies if I overlooked it!
>
> My question...I wrote a children's book that relates to my PhD work, which was published last year, and worked with a local illustrator in Maine. I paid the illustrator for his work, but he unfortunately passed away shortly before the book was published.
>
> I am interested in obtaining at least 1 or 2 of the original illustrations, but have not received a response from his surviving partner or the small publisher I used. As illustrators, can you please tell me if you would own the rights to these illustrations, or would I have access to them since I commissioned them for my own project?
>
> Any thoughts or suggestions would be greatly appreciated!
>
>
> ________________________________________________
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at
> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.gnsi.org_resources_reviews_gnsi-2Dsciart-2Dl-2Dlistserv&d=DwIFAg&c=Cu5g146wZdoqVuKpTNsYHeFX_rg6kWhlkLF8Eft-wwo&r=AGYZ7-AeerjxzYnIwL-lBLFI3SPYN3BDmku4qGQB4Tg&m=SlmxfkCQYPSg5a_on_buqP5ngtYVPgNMT4xmNH43ZXc&s=ZpNkTd8_Fe05XVKdwiYzJbJm-hzKArncO-yqNfPaZmw&e=

Subscribe to Sciart-L by completing the form at https://listserv.unl.edu/signup-anon

List name is Sciart-L

To unsubscribe, complete form at https://listserv.unl.edu/signup-anon?UNSUB=1

Problems: Email Lana at [log in to unmask]

------------------------------

Date:    Tue, 26 Jun 2018 12:32:51 -0400
From:    Britt Griswold <[log in to unmask]GOV>
Subject: Re: illustration rights

Tammy,

If there is not an agreement on ownership in the contract, the art is the property of the artist.
This is separate from reproduction rights for your book, which are hopefully properly addressed in
the contract with the publisher.

Do you know that the original final art for the book is a physical object? A lot of commercial work
these days starts as pencil and paper, but quickly moves into the computer for ease of correction or
completion. So there may not be a image for you to buy, other than some reproduction prints. If that
is all you want, you might get that at a reasonable cost, it the files are available.

Since you are the one who is driving the car on your book project as the author, you might want to
see if it would be possible to get all the art, so it would be available for future editions of the
work. At the very least it would be comforting to have a set of the digital files, if those were the
final products, just as backup. You would still need to follow the contract on publishing and sales
issues, but the fact that you are having a hard time getting information and the publisher is small,
could mean at some point in the near future there may be no access at all to the materials. After an
artist dies, there is a pretty decent chance that the original art that has no real meaning to their
kin, if they have kin, will end up in the trash. Or the inheritors may hold the art as a sacred
reminder of the person and never want to part with it, you just don't know.

The original art can possibly be purchased from the inheritor of the artist's property/work, and
potentially you could also do a buyout of the reproduction rights as well (but check with the
publisher's contract to see what they "own" and for how long they own it.) I want to wish you luck
in making contact with them.

Britt


On Jun 26, 2018, at 7:28 AM, Tammy Cloutier <[log in to unmask] <mailto:[log in to unmask]>>
wrote:
> Hello all!
>
> I am not a natural science illustrator (although I hope to collaborate with one for my PhD work),
> but am hoping for feedback from this professional community. I think I may have seen previous
> posts that relate to my question, so searched the archives, but didn't see the answer. However, my
> apologies if I overlooked it!
>
> My question...I wrote a children's book that relates to my PhD work, which was published last
> year, and worked with a local illustrator in Maine. I paid the illustrator for his work, but he
> unfortunately passed away shortly before the book was published.
>
> I am interested in obtaining at least 1 or 2 of the original illustrations, but have not received
> a response from his surviving partner or the small publisher I used. As illustrators, can you
> please tell me if you would own the rights to these illustrations, or would I have access to them
> since I commissioned them for my own project?
>
> Any thoughts or suggestions would be greatly appreciated!


Subscribe to Sciart-L by completing the form at https://listserv.unl.edu/signup-anon

List name is Sciart-L

To unsubscribe, complete form at https://listserv.unl.edu/signup-anon?UNSUB=1

Problems: Email Lana at [log in to unmask]

------------------------------

End of SCIART-L Digest - 19 Jun 2018 to 26 Jun 2018 (#2018-73)
**************************************************************



--
Best,

Tammy

________________________________________________

Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at
http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv