[balistic]

you've got it wrong . . . you're confusing rights with royalties. Royalties are a percentage of profits that are paid back to an artist based on how well the product sells.

What you seem to be asking about is copyright . . . Rights licensing varies depending on the client and what kind of artwork you're doing. Its something that should always be laid out in writing.

There are books of sample legal documents specifically for artists that might help you, but I don't know any titles off hand.

[Bomu]

Ok, so you've got yourself a written contract, but how do you know you're getting ALL the royalities you've agreed upon? If you were doing artwork for a game for example and you'd get 10 cents per copy and 50,000 copies get sold, how can you be sure you will get the full 50,000's worth?

What stops the company you're working for from saying "We've only sold 10,000 copies"
?

Yes, it'd be breaking the contract, but if they did, how could an individual artwork developer ever find out the truth??

[balistic]

They are legally required to provide you with sales figures. I just signed a record contract, and there is a clause that allows me to request documentation showing how many copies have sold.

The catch with royalties, is that often they won't go into effect until a project's development costs are covered . . . so you're not really getting a percentage of sales, you're getting a percentage of the profit after expenses.

[Christian +]

Ok got it now. Thanks Balistic, you're right I was confusing everything.
Here's a good website that covers this subject in detail:Cyndi's
And another one:DigitalLaw

Have to know about these things, I'm sure I've missed out a lot.

But for royalties, why would the client be willing to give you percentage on the selling (=royalties)? Under what condition would that happen?
Should you ask for a lower price for the production of the artwork? And if the selling is good you get more money (if you got royalties).It would mean you did a good job, it's like some kind of guarantee for the client. Do I get it right?

[balistic]

A lot of times you'll be offered royalties if the client doesn't have a lot of money to pay you up front . . . kind of like "we'll pay you a bit now, but give you more when we start making money."

I usually avoid those jobs, because there's no guarantee that a client's product is going to sell . . . even if its a good game/movie/book, whatever, it might be marketed poorly.

I'd rather get half when I start a job, half when I finish it, and just forget about royalties.

[Christian +]

I�ve used the term �royalties� I don�t know how many times but I don�t think I�m sure how it really works.

When you do a painting or whatever for a client, you sell him the artwork with the �royalties�, right? And usually it�s the client has to pay an extra charge for the royalties. So what does that really mean? It means the artwork is entirely his and we cannot resell it to anyone else, it also means he can use it in any way he wants and as much as he wants�. Of course he can, it�s his for Christ�s sake.
What I�m wondering is, how is the agreement done? Is it some sort of a written contract?
I mean, what is the proof, for the client, that no one else will profit from the artwork?
And if you don�t want to sell the royalties with it because you want to sell it several times, is it the same kind of agreement? And can he use it as many times as he wants? i.e. if you do a character that is going to show on a poster for a certain advertising campaign that�s launching a new product, is the client allowed to use the character on the package and other designs that are related, or not, to that same product?

What about ClipArt�s? When you buy a Clipart CD collection, you buy the royalties with them right? and you can use them whoever you like � but so does anyone else who will buy that collection. What kind of royalties are these?
Are there different kinds?
Anyone knows about all this?

[Christian +]

Thanks, I get the general picture now.
Let's go make business now.....

[Bomu]

quote:

---

Originally posted by balistic:
I just signed a record contract, and there is a clause that allows me to request documentation showing how many copies have sold.

---

I see. I recently signed my first 'proper' contract too, and although I have most of it covered, I was still a little concerned about the company giving me false info- they still could and I'd be none the wiser! I suppose if they send sales figures in a way that shows they haven't been altered, then that's ok.. Still. I wonder...

I was originally offered an all royalty deal with the company I'm working for, but thought it wise to request half up front, half on completion PLUS royalties- an advance on royalties in other words I happen to have a internet buddy who knows her shit when it comes to freelance artworking, so that helped me ^_^

balistic, are you a song writer or musician then?


Also, as far as Copyright on the web is concerned (After visiting Christain's "Cyndi's" link).. What happens when copyright is broken? How can you take action against people that have stolen your html code or graphics??