Does anyone know about licensing artwork?

[Rachel Caldecott]

Not a booky question, but one I need help with. Who better to turn to than Litopians?

A local Councillor has expressed interest in buying the image of my daughter's Greta icon (the one I use here, instead of my ugly mug), in order to make her own print to take on environmental rallies. (She's already discussed with my brother the idea of a series of such images - although I don't know if she had my daughter in mind to do them). My brother happily told her that it would cost 20-30£. But what is to stop her from running off a thousand copies and selling them? I want to protect my daughter because she is just starting out in life/artistic career, and is currently unemployed (so needs all the money she can get).

Does anyone have ANY idea about this sort of thing?

 

[Carol Rose]

I'd consult an attorney who specializes in these kinds of things. Not sure about where you live, but here in the US you can consult with almost any one of them for free. You only pay for services, not to ask about what type of services you might need for your particular situation.

 

[Eva Ulian]

Not a booky question, but one I need help with. Who better to turn to than Litopians?

A local Councillor has expressed interest in buying the image of my daughter's Greta icon (the one I use here, instead of my ugly mug), in order to make her own print to take on environmental rallies. (She's already discussed with my brother the idea of a series of such images - although I don't know if she had my daughter in mind to do them). My brother happily told her that it would cost 20-30£. But what is to stop her from running off a thousand copies and selling them? I want to protect my daughter because she is just starting out in life/artistic career, and is currently unemployed (so needs all the money she can get).

Does anyone have ANY idea about this sort of thing?

I don't know about icons, but I have sold several paintings in my life- and that's it, they're sold, just as if it were a vase or any other object. Usually the buyer wants a signed certificate that it is genuine and you are the creator. Unlike writing, art is not protected by by copyright, but possession. At least that's how it works in Europe and probably in the US too because many GIs have my paintings... though I don't know what they've done with them. I know my boss still has hers, she's shown them to me on facebook, hanging on her wall in Virginia.

 

[Emily]

The artwork will always be your daughters Intellectual Property, but, like Carol Rose, I would consult a solicitor to see what recourse of action there would be if the other person made a profit from using it.

 

[E G Logan]

I'd make sure you know, and can specify, what rights you are selling -- like First British, FBSR, or (but NOT, definitely not) All Rights.
It's complicated, much more so now than when I used to do this kind of thing, and I do recommend you ask advice.

Maybe try the section of Writers and Artists Yearbook that deals with illustrators..? The Society of Authors does advice to writers, so maybe they could point you in the right direction...

It's a promising start to an artistic life, though. Money offers are always good.

 

[Katie-Ellen]

You need clarity. What does this lady mean, she wants a print to take on rallies? To Print it on a banner? Poster? T shirt?
Just the one?

If the councillor wants her own print, and buys that one print for £ X euros, well, that could be free publicity for your daughter's work, Others may then want to buy it too.

I bought an image off a photographer, a landscape. I wanted to buy it from him as a few packs of greetings cards, but he said I could buy the image as a file, then find my own printer and get it made into cards myself, for which he asked £25 to send me the file containing a single image.
Purely for personal use. I imagine it is protected in some way and if not, it ought to be.

Copyright Law For Artists

 

[RK Wallis]

Pre-stroke, I was a solicitor (thank God I'm not anymore!) and the important thing to do when you see a solicitor is to see someone specialised in trade marks.

Actually my sister's best friend lives in the UK (she married a Brit) and when we lived there too, she specialised in trade marks. Not sure if she still does, but if you're stuck I can reach out. She was in London, not sure if after kids that they still are.

 

[Rachel Caldecott]

Pre-stroke, I was a solicitor (thank God I'm not anymore!) and the important thing to do when you see a solicitor is to see someone specialised in trade marks.

Actually my sister's best friend lives in the UK (she married a Brit) and when we lived there too, she specialised in trade marks. Not sure if she still does, but if you're stuck I can reach out. She was in London, not sure if after kids that they still are.

Nice idea, but not sure we could afford a solicitor. Thanks anyway.

 

[Emily]

@Rachel Caldecott-Thornton , just had a thought: over here we have a Citizens Advice Bureau, and they are brilliant for all sorts of queries like this (or will find the answer for you, or direct you as to where you should go). Would there be similar or a Free Legal Aid-type facility where you are?

I would also be really straight and say that you (your daughter) are happy for her to have a print (for whatever amount) but you do not want any other copies made of same. And will give a print under these circumstances.

I am working on a large commission at the moment, based on an illustration I made for a book (journal) I publish every year. The woman is buying the painting for her wall, but also wanted smaller images for business cards etc, so I am charging for both. But we had a chat beforehand and thrashed out precisely she'll use my images for, and where. I'm not too worried tbh, it will always be my Intellectual Property, but I wanted to make it clear with her. It is always going to be an issue with artwork: stuff is ripped off all over the place

 

[Rachel Caldecott]

Very encouraging, Rainbird. Thanks

 

[Amber]

In the U.S. there are forms you have to fill out from the copyright office. You can get them online. I imagine they have the same thing or something like it in France.