licensing question for the pros

[tikimunster]

Has anyone licensed an image to a company that had been created for a "low rent" client that you couldn't contact for their ok? I think the artist who creates the image has the rights to use it for whatever purposes they want, if there were no stipulations or contract when the client bought the image...may be wrong here, anyone know the deal?

anyone know the ins and outs of licensing artwork? any tips? any help would be appreciated. thanx.

[gmac17]

I'm pretty well confused here, but...if you "sold" the image to a band you're screwed, if you "licensed" it to them to use it's still yours, and unless the contract states otherwise you are free to use it however you want. If the band is so low-rent that you can't even find them I guess I wouldn't be too worried about their legal team.

[JohnnyThief]

Has anyone licensed an image to a company that had been created for a "low rent" client that you couldn't contact for their ok? I think the artist who creates the image has the rights to use it for whatever purposes they want, if there were no stipulations or contract when the client bought the image...may be wrong here, anyone know the deal?

anyone know the ins and outs of licensing artwork? any tips? any help would be appreciated. thanx.

The Graphic Arts Guild's Handbook to Pricing & Ethics should be on everyone's desktop,... has all kinds of contractual information for a host of scenarios & media,...

[bastimag]

usually the way it works is that it has to say in the contract that you are signing over the copyright to the client. otherwise, even if they are in possesion of the original, you own the rights to any image you create and they are the ones who need to be careful of not using the image outside of the intended use or passing it off to a third party.
now that changes if you were working "for hire" or "at will", then basically your name doesn't belong anywhere near the image and they can do whatever they want to it. but that has to be stated in your contract as well. and it will say something to the effect of ' foregoes any and all claim to copyrights of work...blah blah blah '
one way around using same image twice is to change it slightly (colors, erase an eye, mirror image it) then " technically " its not the same image. sort of.
i agree with johnnythief...graphic arts guild handbook, must have for everone. although you need to add about 15% to their price guides when dealing with coporate clients it still gives a pretty good 'gist' of what to do money and contract wise.