PS, if your doing Graphic Design for your client, where you could potentially get what they need from royalty-free images from shutterstock, etc. and incorporate that into a final image, then they should be paying you for design work and give you a budget for acquiring art for the work you are doing.

If you are potentially creating a logo of original art for the organization, you are basically making a custom piece that can only be used by them. If they are not yet sold on the image for their logo, you can make it part of the contract that if they want to use your art for a logo, that is a follow-on negotiation and that logo use is excluded in the current contract.

Frankly, if they are not sophisticated in this area of usage rights, they might think they can have the image reworked by someone who follows you that is willing to do it for free. But that is a copyright infringement situation. You really don't want to get involved in that sort of accusatory situation.  It is best to judge well what the organization can afford, and sell them what they need at a price you can feel OK about, whatever use they put it to, and still work with them in the future.

If you can explain to them about Logo and Merchandise practices in the industry, maybe they will be amenable to a later negotiation when things become clearer on their desired uses. Otherwise impress upon them the custom aspects of creating art to specifications, and needing to set a price that reflects a living wage for the time/work, and the future potential of the the value of some of that art- all factors going into your pricing of unlimited use. That may bring them to realize that eliminating some potential uses till a later time may be to their advantage price-wise. You and they may realize that it is against the odds that they are the next Nature Conservancy, so some compromise on price and usage may be the best course for both of you.

If they are really not interested in dealing with future permission issues, then they need to understand that they really are buying peace of mind by paying a higher price.


----- Original Message -----
From: [log in to unmask] [mailto:[log in to unmask]]
To: [log in to unmask]
Sent: Sat, 23 Mar 2019 22:18:27 -0400
Subject: Re: [SCIART] copyright contract


I have used stock sites to get the lay of the land, but remember you have created a custom image for their use. They can't actually get what they need on a stock site. Do not use the royalty-free comparison for pricing, this sites use volume sale on many thousands of uses of an image to make a profit. You should use rights-managed images for an understanding of a more realistic custom image pricing structure. may be a better comparison site.

Here is a list of 12 sites to consider looking at:

Again Royalty-free images should not be part of your equation, unless you plan to sell the image to thousands of users and have the where-with-all to do that sort of thing. You are doing rights-managed custom art for a client and should be making a living wage for the time you spent on it (in theory).


----- Original Message -----
From: Nanci Worthington [mailto:[log in to unmask]]
To: [log in to unmask]
Sent: Fri, 22 Mar 2019 18:23:02 -0400
Subject: Re: [SCIART] copyright contract

Thank you so much, Britt. I will look into the unlimited use license amongst other things noted. In the meeting today it looks like they want to use one of my variations of one of the illustrations for tee shirts/ hats/ stickers/ stamps which has its own questions. Though they don’t get much from sales of these things, as a small not for profit the illustration in question becomes kind of a logo. 
One idea put forth by the organization re: payment for this was to look at Shutterstock to see what buying illustrations for public use, for a cost baseline? I am something of a internet Luddite, so this goes a bit outside my league. 
Again, thanks for your thoughts.


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