provide a release on your artwork???

[Juppin]

Hello again, need a little help again.

I have just created a graphic for a company and they asked me to 'provide a release on the artwork', Is this just an email to them saying I no longer will have claim to the artwork? or what would they be looking for?

thanks and advice would be appreciated

[CkretAjint]

Well, in your contract with the client it should state that once final payment has been recieved by you all artwork is theirs to do with what they deem fit.

[cornfed]

CkretAjint, that's not necessarily so. When you design a logo for a company, many agencies, as well as freelancers retain the copyright on the logo, or whatever the piece is. When the company that uses the logo wants to own copyright to it, they have to pay an additional fee.

When I worked for an agency, we had a client want to buy all rights to the logo, essentially owning the copyright on it. It was a large client and the fee was $10,000 for the copyright on it. Why so high? They were lining up to go to a different agency and needed to hand the logo over legally to the new agency. I'm sure a lot of people don't do this, I've never done it. But still, it is out there and I know it's used more often than what one would think.

In a nutshell Juppin, they're wanting you to sign over all rights on it to them. I'd attach a contract to that. Reason being that once you sign over all rights on the artwork, they can slap it on billboards, business cards, collateral materials, their butts, whatever and you would have forfeited all rights to compensation. When I do photography for cd covers, the band has the right to use the photo on the cd cover and thats it. If they want to use it on a poster or on anything else, they have to have my permission. I don't always do it like this, but most of the time I do.

[Juppin]

Thanx for the advice, you have been a great help!

[Kool]

I would never not give full rights to a logo and I would never recommend anybody use an agency that wouldn't include those rights. This has been discussed to death on here. Now other design work is an entirely different matter.

[PrintDriver]

They asked to "provide a release" on the artwork. Where I come from that means a usage license. The OP needs to clarify if the client wants him to relinquish all rights or only usage rights. What is the 'artwork' in question? What were the terms of creation/usage? (ie contract?)

As for logos, as Kool said, talked to death. Logos should belong to the company that commissions them to do whatever they want to with them. Including going to another agency. The only reason there should be an exorbitant fee on top of the design fee (and that in itself could be $10K) is if you are providing the legal trademark searches and registering. But holding a logo hostage against future work? Bad form.

[budafist]

But holding a logo hostage against future work? Bad form.

That's what I think too. When I create a logo for someone, they should own it once it has been paid for.

[frankster]

So Buda, how do you handle things like your character graphics? I remember a lovely book illustration you did (the Kiwi one). The characters you created for that, you they still belong to you and can you do anything with them that you want still? I know the score with logo designs and strongly approve of the price reflecting the fact that the client will always have the rights to thier completed logo, but character work isn't my field.

[PrintDriver]

llustration is handled much like photography with rights and releases given in much the same way.

It gets a little weird when an illustration is commissioned. Be sure everything is spelled out in a contract to the satisfaction of both parties before laying down a payment.

Buda could release non-exclusive permission for the use of her characters to anyone she likes, much like stock photos. Or she could sell them lock stock and barrel. Or she could release exclusive termed rights (promising no one else will have the use of them for a specified time), etc

BTW, the original question may have a lot to do with output. It used to be that every vendor required a piece of paper signed that the designer had all releases for all images in the artwork to be printed (now it's usually in the fine print of a quote). If the artwork doesn't have a proper release, not only is the designer held accountable, but so is the printer if a lawsuit appears.

[budafist]

So Buda, how do you handle things like your character graphics? I remember a lovely book illustration you did (the Kiwi one). The characters you created for that, you they still belong to you and can you do anything with them that you want still? I know the score with logo designs and strongly approve of the price reflecting the fact that the client will always have the rights to thier completed logo, but character work isn't my field.

Well that probably isn't a good example - there is only 1 copy of the book I wrote and illustrated and it sits in my office at home.

If it were a commissioned piece, surely the client can use the illustrations to create merchandise, advertising of the book etc?

I'd not my field either. I'd love it to be, but in reality it is not :(

[budafist]

I think one of the grey areas about giving clients rights over characters is when an artist has a signature style.

Example. If I create a character called Molly Pinktails. It's a girl character that is in the same style as the people I always draw but she has pink pigtails. I have drawn a million other characters that look very similar to Molly Pinktails but Molly Pinktails is different because she has pink pigtails. If the client owns the rights to that character because it was a commisioned piece, do you the own the rights to the style? If they go to another artist to draw all her friends (that are drawn in a matching style, thus in my own signature style) have they violated copyright?

[frankster]

That's exactly the sort of thing I meant Buda. Your style is very distinctive. :)

[budafist]

I really dunno then. I guess 1 character (totally specific) can be copyrighted, but not the style? That's just me guessing though.

[PrintDriver]

That's why I said a commission has to be agreeable to both parties. You can state in your contract that you are only selling the rights to the character of Molly Pinktails specifically. There isn't any reason to have to sell outright when a piece is commissioned. We've contracted artists to paint pieces then paid one time but indefinite term usage on them, or one use only, or multiple uses as stated in contract. If more uses are needed, we go back to the artist. It all depends on how the piece is being used. And sometimes an artist is hired for a very focused and specific piece that either has no use to anyone else or the ultimate client wants exclusivity. Then full rights ownership has to be negotiated. Sometimes $$$.

If you are going to sell illustrative art or photography there are many books out there with suggestions on how to handle the business aspect of it.

[steve2112]

I always assume that the client has full rights on a logo. All other designs is copyright by me. I agree its bad form to hold a logo hostage. I would not give over things like stationary designs, postcards, websites and that stuff NO WAY.

As far as illustration publishing. You give over your illustration for the first print of the book then either in the original contract or in a new contract they client has to pay X amount for a reprint to use the illustration based upon the new run size of the book. This way is the book takes off and is selling the illustrator is getting his money in proportation to the sales of the book. I have a good friend that does lots of things for Wizards of the Coast and World of Warcraft stuff and that is how they work. Oh and he is treated like a slave :)


Steve

[Jeff Fisher LogoMotives]

The rights issues always depend on what is agreed upon with the client in advance of doing the project. It's always unwise to begin discussions about any rights or licensing issues after the fact.

In the case of any design project I do, the rights issues are determined as part of the project agreement (http://blog-omotives.blogspot.com/2006/07/signing-on-dotted-line.html) that is signed by the client before I do any work. No matter what else is negotiated, I ALWAYS retain a variety of rights for myself. If the client does not agree to that clause in my project agreement I will not work for them. That clause reads:

"The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Where applicable the client will be given any necessary credit for usage of the project elements."

- J.