Rights usage question...

[DRG]

I've done a quick search in the forums for this but not found what I was looking for... I'm interested in advice on how to handle the 'rights usage' issue more than the details of the issue itself.

Ok, so I'm doing a joint-headlining tour poster for two bands on two different labels. The client who offered me the job is from one of the labels, but my correspondence has gone to contacts at both labels - since they both want approval. The bands get to to see the design but the labels have final approval.

These aren't screenprinted posters, I'm just supplying digital artwork and they are printing them themselves - they're for promotion, not for merch. The guy who has offered me the gig is a friend of a friend, so so far it's sort of a 'handshake' deal. We've negotiated a fee we're all happy with and I've provided a small, draft version of the poster (which is just getting approval from the other label and bands now).

I want to make sure the rights usage issue is covered even though it has not been expressly spoken about yet.

My plan is to email a quick 'art approval' sheet to just lay out my terms for completing the final design, and make sure that it says they are purchasing the right to produce the image on the tour posters, but not the image itself, nor the right to print it on anything else.

This would again be clarified in my invoice to them.

I don't see any problems with doing it this way (and since my contact is a friend of a friend, I'm not too worried about making as big a deal of it as I would if it were another client) but does anyone else see any flaws in this?

I tend to get lots of work from small, grass roots bands and individuals rather than bigger companies, so I'm not always sure the way I go about the business side of things is correct (though I've not had any problems so far). Any advice would be much appreciated!

[DRG]

*bump*

anyone?

[3d glasses]

sorry dude , i'd like to know too for future refrence..

surely someone on here can help out?

[Eric Dyck]

first thought is "friend of a friend" would make me want to be doubly sure that i was clear about rights usuage. as you assume "he/she won't screw you", they are likely assuming "hey, friend of a friend will gimme everything i want".

make sure the rights they've acquired/compensated you for have been clearly expressed in writing. don't make it a big deal, just make like you do it all the time, and they will come to understand that this is to be expected everytime they get involved in this arrangement.

i recently had a contract where i just wrote "all rights and ownership of this image remains with the artist" and THEN signed the contract. The issuer of the contract wrote me back and thanked me for including it and apologizing that she hadn't included it in the original draft.

that's the best i can offer with my limited experience...

[perkins]

If you could have them sign off to those terms & send it back to you, sounds like you've covered yourself OK.

[DRG]

Originally Posted by Eric Dyck

don't make it a big deal, just make like you do it all the time

I do do it all the time, at least when dealing with bigger clients rather than the usual category of 'bands and labels I know'. I basically wanted to double check that I'm doing it right.

Thanks for the info, though, it seems as long as I get them to sign the terms then I'm covered.

[largemammal]

yeah, like you said, make sure you are giving them permission to use it for the poster only, on this tour only. Be friendly about it, as this is what professional courtesy is all about. Make sure you check out the Graphic Artists' Guild Handbook of Pricing and Ethical Guidelines, it has sample contracts in there that are helpful. Here are some other contract samples and business forms that somebody sent to me when I was asking about this stuff..

[DRG]

Originally Posted by largemammal

Make sure you check out the Graphic Artists' Guild Handbook of Pricing and Ethical Guidelines

Yep, I'll check the version that's on my shelf at home - that book has been invaluable in knowing how to deal with bigger clients.

And I have that link bookmarked already!

Thanks though, it's at least reassuring to know I'm on the right track.

[Drozd]

hmm some interesting points here that i hadnt really thought about but really should do. wouldnt mind popping to yours and having a squizz at that book grahmam. i'll bring hob-nobs...

[ASPrintingPress]

Originally Posted by largemammal

yeah, like you said, make sure you are giving them permission to use it for the poster only, on this tour only. Be friendly about it, as this is what professional courtesy is all about. Make sure you check out the Graphic Artists' Guild Handbook of Pricing and Ethical Guidelines, it has sample contracts in there that are helpful. Here are some other contract samples and business forms that somebody sent to me when I was asking about this stuff..

Thanks for that link, those will be helpful.