Ownership of Art

[nerfball6]

Here is a question for the designers out there.

When you do a commissioned poster for a venue, do you retain ownership of the art?

Also, what verbage do you use on your contract (or whatever you give the venue that states that)?

Any responses will be appreciated.

[nerfball6]

Now see...here is a chance gor you guys to actually help out a fellow artist in need and I don't get one reply. Yet the slaggin' posts just keep on a rollin.

I really could use some feedback on this. How do you tell a venue that you retain ownership of the art and are only selling the usage of the poster for the show. Also...how do you tell them that they can't use the art for other stuff without paying a fee for it.

Or Don't you guys do that??

[JGex]

Nerfballs,

Our artists always retain the rights to their art. Unless the band is willing to pay big bucks for it to use on t-shirts, album art, decals, etc.....

By retaining ownership of the art, the piece can also be used on other projects to make $$ in the case that the gig poster was not made to be sold.

We also use contracts...

[JGex]

We actually paid a licensing/copyright attorney to draft us a contract that could be used just by changing the names out for the venue and/or band. Attorneys will usually charge $75-100.00 per hour to do something like this.

Anything else?

[nerfball6]

Nerballs...I don't know if that was a slip but it was pretty funny.

Thanks Poster Mistress!!!! I know that this sounds ignorant but how do I actually say that in something that sounds legal and what do I put it on? A contract...an invoice...???

Do venues/bands ever get pissed about that?

[nerfball6]

Oops...you beat my post. Thanks!

[JGex]

lol!!! Oops... yes, nerfballS was a slip up!! That IS pretty funny, tho....

[JGex]

Contracts are usually seperate from invoices and should be signed and agreed upon so that both parties are aware of their responsibilities in the agreement, like how much you are to be paid, etc.

We try to get the contract agreement worked out before we enter an invoice into the books.

[DaveGink]

Listen to PM...She's got it down. I think she mentioned the Graphic Artists Guild Handbook in another post. This would definately have what you need to know. Good Luck!