I would think the limited rights would suffice, and also ask for a % of their profit from sales of those designs.. IMHO..

Is asking a percentage appropriate? It could potentially net me more pay for the art, but I don't want to alienate them by asking too much.

This could be a REALLY nice bump for my company. It would definitely push us to the next level. And while getting paid for my art is the idea behind me doing this stuff, the exposure in this instance seems more important to me.

On the flip side I don't want to be considered "that cheap guy we can get the great graphics from", and be taken advantage of in the long run.

-rick

Um..don't ask for a percentage of the sales. Its inappropriate.

never undersell yourself. at best you can negotiate, and I would highly suggest that offer. keep in mind that exposure is great, but it doesn't pay the bills. aim high, and at very best settle for a little under if you have too.

Offer them three options:

Rights-Managed (could include exclusive use, terms to be laid out) for a hefty price,
Royalty-Free (they can do with it whatever the terms allow, but you can also sell it to somebody else), for a lesser price,
or request Royalties off their sales.

it is a balancing act between the two for sure. Exposure can be as valuable as being given a percentage. I dont think at all that it would be inappropriate to ask for a small percentage, afterall if they sell well, it would be due to your creative art on the garment. I havent been in that situation either yet, but it doesnt seem inappropriate to me, maybe one of the other folks in here who have sold to apparel companies before will jump in and advice better.. or even PM you an appropriate range so you wont get sold short nor will you alienate yourself and lose the customer... I would think if they are a big enough company then cuttting a small percentage to you based on how many of your designs sell shouldnt be a problem.. unfortunately I cant send you a range because I really don tknow either what a good range would be, but If I were in your shoes I would ask for one.. but that's just me.. by the way welcome to GDF.. I see your in Charlotte, I was born and raised there and will be moving back in a few years once my wife is finished with school, maybe one day we can collaborate on some projects.. are you from Charlotte originally? If so, where'd you go to school? (sorry not meaning to threadjack, PM me the personal answers if you want.. )

I think it's inappropriate to ask for royalties, AND charge for the image. Do one or the other...

Yeah, 80% of my work is purchased by my clients as part of a Branding Package (business cards, shirts, signage and the like) where the design time is charged by the hour, 20% is artwork I sell on garments I print. So this is completely new territory for me.

Thanks for everyone who responded so far. I'm pulling my hair out trying to figure out what to do.

aid4design - No I'm originally from Darlington, SC. I went to Art Institute of Atlanta for the beginning of my college, and wrapped up my degree at Trident Tech in Charleston, SC. We (my wife and I) moved here back in '01 when we both graduated form college.

Spaz.. I see. Charlotte is a great place to live. I miss home. ..been in Texas for 3.5yrs, got 3-4 left... worth the sacrifice to then be married to a Doctor.. But the plan is to move back, if youre still around I'd like to network with others in the area since I've been gone since '98(lived in Boone, NC 98-03) Check your PM, Im sending you my email, so we can keep in touch..

i think D Frag had the right idea, negotiate, maybe you could go and see a profesional who deals in this type of stuff

Panzer is right, you need a mediator. I would suggest calling a copyrights lawyer to draw up the contract. They know what's what and may even have a suggestion on how much to ask for.

If they want exclusive rights, then it is normally triple + the charge that you would normally do for "one time only" rights. This isn't based on your hourly wage, but the fact that you would not be in position to resell, modify or use parts of the designs somewhere else.

Based on the question you posted, the person is either new to copyright themselves, or is trying to catch you off guard.

It also depends on where you are based. For example a copyright sale in NYC will go for 2-3 times what I can ask here in the midwest. Even though the world is going digital gobal, there's still seems to be limitations in market profiles on what to charge.

For example a photographer who sells one time rights to a publisher will gain in the $$$ and if the buyer want full rights it could be $$$$ and up per photo. It took that photographer a second or two to take that photo, but he's not going to charge a pittance for his work, and neither should you.

Give options to the company that is fair to you, and let them decide.

If you want money, and credits, then put it in one of the options.

As far as percentages go, unless that was in your orginal contract, then the company may think you are greedy and won't deal with you again. Just as a possiblity.

However, if you treat them fairly with a fair price, not only will they return to you for the next run, but also give you referals by word of mouth. People in the industry talk and that can be even more beneficial to you then trying to wiggle a little extra on the side now.

Good Luck,
=)
Jade