BLAG 01 - Magazine - Page 61
to clients digitally. You don’t need to add the ©
symbol to assert your copyright; it exists from the
moment you create the work.
There are two common ways that sign painters
can lose out to copyright rules. First is when a
client uses a design created for one reason, say
a shopfront, for other purposes such as branding
and merchandise. Second is when a client, such
as an advertising or design agency, inserts a line
into a contract that passes copyright to them; this
is known as a copyright assignment or rights grab.
These situations can be avoided by having early
and frank conversations with your client, and then
setting out what’s agreed in a simple document or
contract. A key component of this is the licence.
Asking your client about these parameters can
help you understand the scope of use, and to
develop an appropriate licensing fee. It’s not an
exact science, and the size of the client is an
important consideration in how much you charge
for a given licence. AoI members can access
an online calculator to help with this process.
Exclusive!
Clients can request the exclusive use of
an artwork for the duration of the licence.
This will command a higher fee than a
non-exclusive licence, which would allow
the work to be licensed elsewhere.
Rights Grab Response
The Association of Illustrators offers
this response to clients that may be
attempting a rights grab: I’m not able to
accept a copyright assignment, but am
happy to grant the typical licence based
on usage, territory, and licence duration.
What’s a licence and how do I create one?
A licence gives the client permission to use (or
copy) your work in a given context for a set period
of time. This can (and should) be priced separately
to the creation of the work itself. An invoice would
then have at least two lines: one for the work and
one for the agreed usage licence. Usage is usually
defined by three key parameters.
Media: Where the work will appear physically or
digitally. This could be anything from a shopfront
to billboards, television commercials, and social
media content.
Geography: Where in the world the work will
be used. This might be a single coffee shop or
a global advertising campaign. Geographies
are often expressed as individual countries, or
broader regions such as North America, Europe,
Middle East, etc.
Duration: How long the work will be used for.
This can be expressed in a suitable time format,
such as months or years.
The Illustrator’s Guide to Law and Business Practice,
published by the Association of Illustrators,
ISBN 9780955807602. Cover illustration by
Russell Cobb / @russellcobb_art.
Can a licence be changed?
With advertising and design agencies, the
creation of a licence can often be an iterative
process, as they develop their media plan in
parallel to the creative elements. Likewise,
they may request an extension once the
work has gone live to include more locations
Issue 01
61
