Who owns the rights if you e a freelance designer/artist, and what is common?
You need to find a workable formula based on what both parties require and can live with. If these are existing drawings in their own right, your friend has good grounds to resist handing over all rights. She could, for example, sell the rights for the images to be used on t-shirts, or on clothing in general, and retain the other rights. The buyer may or may not want to get into a royalty agreement; unless he expects big sales, to him it may not be worth the trouble of the extra work (you know, counting up all the sales and remitting a cheque every 6 months).
If you’re a freelance artist, you own the rights to everything you create unless you sign those rights away. Never do that. If an illustrator or photographer works for a company as a full time employee, then the company owns the rights to whatever gets produced during that association. This is justified by the fact that the employee gets other benefits for giving up those rights, such as insurance, vacation, etc… plus the guarantee of a steady paycheck. But if a company only pays an illustrator or photographer on a freelance or contract basis or simply wants to use a piece of existing artwork, they might pay a negotiated fee for that usage, but the copyright would still belong to the creator of the artwork. Don’t let them buy exclusive rights. The guild handbook that O9scar links to is very clear about never signing away your rights. They strongly discourage the use of work-for-hire contracts that assign ownership to the company (outside of an employer/employee relationship). Establi
When a freelance artist/designer creates something on commission, he/she usually retains the copyright and gives a (however limited/limitless may vary, as the fee that is charged) license of reproduction/commercial use for the materials created. This is usually valid for as little as a brochure for a real estate agency up to the $Name_Your_Multi_Billion_Dollar_Corporation logo and when client and designer break up, may make for some hefty exit negotiation. In the case of your friend, she should sell them a license for commercial use of her designs (which may be a pre-determined amount plus a royalty fee for each tshirt sold or a “flat” fee which includes all present and future commercial uses). She should never give away her copyright anyway. In the end, this reduces in placing a bid on how successful she and the printer/editor think the designs will be and on his commercial capabilities. Business size is crucial in such a decision and for as little as some 1000 t-shirts I wouldn’t bot
Having done some work in the past for some T-shirt printers, I’ll add my 2 cents in here: DON’T let your friend sign her rights away. My experience went something like this: I negotiated a royalty contract based on yearly sales, with stipulations that I could review the printer’s books twice every year. For the first two years everything was OK, but after the third year the printer decided he’d had enough and told me he ‘owned my artwork and copyright’ and that he wasn’t paying me anything. His business model was this: for artwork and copyright, he paid a flat fee of $250-500 to unwitting high school students. Then he’d pay wholesale for blank T-shirts ($2-3 at the time), print up shirts, and resell them to high schools as a fundraising package for $7-9 each. When the amounts of shirts multiplied by the number of high schools is taken into consideration, he was making obscene amounts of money off of those kids. Bottom line: BE CAREFUL. In my experience, T-shirt printers are somewhere d
