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Phil Jaeger

9 Years Ago

New Artist Magazine Has Asked To Interview Me - Standard Licensing Terms For Images?

Hi,

A new magazine just contacted me for an interview. I haven't responded yet, since I'm researching them.

I'm wondering if anyone knows what the standard terms are for licensing your artwork in a magazine?

I've also done commercial work, for which I don't own the licenses. I'm guessing that there's no way of showing that artwork in a magazine, unless I got permission from one of my clients. EA or Disney aren't going to give me permission...haha.

Thanks for your help,
Phil

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Phil Jaeger

9 Years Ago

Hey,

I'm just checking in on this thread. I'm guessing no one can help me right now.

 

Jeffery Johnson

9 Years Ago

I suppose folks are wondering why you are asking about licensing your artwork seeing as they are wanting to do an interview.

 

Phil Jaeger

9 Years Ago

Hey Jeffery,

The magazine said that they want to feature me and my artwork in the magazine. Since they are showing my artwork in the magazine I need to give them the license to do that. I'm calling it license, although there may be a better word for it. I'm currently licensing the artwork to another company to print jigsaw puzzles. In that case it's called licensing.

Since it's a new magazine with little to no tract record I feel as though I need to look for any red flags that may come up. In five years I don't want to find out that my artwork was printed on a t-shirt in southeast Asia, without my knowledge...:0)

I'm guessing that a magazine would have a standard use-of-artwork contract that they would sign and send to me...but I dunno. If the magazine was already in business for a year, then I would have full trust in it.

Thanks,
Phil

 

Teresa White

9 Years Ago

Its very noble of you Phil, not to jump in the frying pan,
l would agree with you to do some background checks, and save your evidence also.
all the best of luck too.
my wishes Teresa!!

 

Photos By Thom

9 Years Ago

Phil, your looking at a "one time" usage for magazine publications. That part needs to be made emphatically clear!! As far as pricing, most magazines are pretty darn strait forward with their payable fees since it's already worked into their budget. BTW, it matters NOT that the image appears elsewhere just because it's being used for a whole separate use.

You mention having previous experience licensing (puzzle company) and other commercial work but you state "for which I don't own the licenses". You don't offer much in the way of details, so it's difficult to help you out. I will say if you have licensed artwork for commercial use, and you lost control of the usage of your artwork, you made some bad choices with the wording and descriptions of your agreements. I've been doing this for years, and maintain control of each image.

Have you considered joining an organization such as ASMP? www.ASMP.org Sounds like you are in need of an advocate Phil. As you can see, the returns on your post here on FAA have not been overwhelming..your not likely to find the professional and experienced feedback your seeking. I also recommend you check us out at www.Photo.net Photo.net is a PRO photographers community where you can bounce these issues off others in the industry.

~Thomas Schoeller

 

Phil Jaeger

9 Years Ago

Thanks Teresa!

Well, I just responded and asked some questions. We'll see what happens next...:0)

 

Phil Jaeger

9 Years Ago

Thanks Thomas,

I appreciate you bringing up "one time" usage for magazine publication. I'll include that in my correspondence with the magazine in the future.

Also, thanks for bringing up www.asmp.org. I work as a painter or illustrator, so I'll probably join one of their equivalent organizations.

About my artwork where I don't own the licenses:
I've worked on artwork for 30+ video games, for which I don't own the licenses. I don't think Disney or Simpsons would be very happy with me if I tried to print their game art on a 500 t-shirt pack...:0)

Thanks,
Phil

 

Edward Fielding

9 Years Ago

I'd imagine if you asked, Disney/Simpsons etc would allow you to show your work in a magazine article. Editorial usage is different than commercial usage.

 

Dan Turner

9 Years Ago

It's fair use. No license required.


Dan Turner
Dan Turner's Seven Keys to Selling Art Online

 

Phil Jaeger

9 Years Ago

Thanks Edward!

Thanks Dan!

I appreciate the info.

EA says that they don't want artists to show EA artwork in their portfolios. The Simpsons game was also created by a division of EA.

Well, if needed I can go through my company list and try to find one that doesn't care. A couple of them were just creating artwork, so they could sell their startup to a larger company, then throw all of the artwork out...Reminder to self, spend less time on that artwork next time...haha.

 

Justin Green

9 Years Ago

The norm is about £250 - £300 for an interview in a mag like this (thats if it is printed and sold) If its online only, then they won't pay you.
If its a magazine, then they don't need full res images.

I would state that you need your copyright under each image, a weblink to your site etc etc, plus, if it is printed, you will want a few copies for your portfolio.

 

Phil Jaeger

9 Years Ago

Thanks Justin,

The info is very helpful. I'll add it to my notes.

Thanks again!

 

Phil Jaeger

9 Years Ago

I just received the consent forms from the magazine. I'm going to think about it for 24 hrs, but will probably decline the interview.

They're asking for 300 dpi full page images (~4500 px full size). The largest full images I'm putting up online right now are 900 px.

--------------------------------------------------------------------------------------------------------------

Here's what part of the contract reads. The "Interview Materials" are writing & artwork. I think some of the language is a little non-comprehensible, but I'm not a lawyer...:0) To me it sounds almost like they could use my artwork for anything.

"I hereby grant and assign to the Author and his/her licensees, successors, and assigns the following rights in connection with the Interview Materials for use as part of the Work or any advertising, packaging, or promotional materials for the Work, in any and all editions, versions, and media, in perpetuity and throughout the world"
..."3. The right to develop, produce, distribute, advertise, promote, or otherwise exploit the Work in any manner that the Author or his/her assigns deems appropriate."

 

Justin Green

9 Years Ago

An interview always looks good if you can link it on your website. People get to know more about you and your work.
As its for a magazine, they don't need full size images (ask them what exactly they want, they ask for the full size files so the designer doesn't have to faff about) and you can insist that if it is online, you would like your metadata and copyright info to remain embedded in the images.

If you are not happy with the contract, tell them and tell them what you want (i.e. only used in the interview or that particular magazine.

 

Phil Jaeger

9 Years Ago

Thanks Justin,

I suppose I could ask them to adjust what the contract says. I'll look at that.

I've never added copyright info to images. I wonder if it accomplishes something. An image can always be copied & pasted into a new document without the copyright info.

These are their websites. Since they're so underdeveloped the magazine seems suspicious to me...:0)
http://risingartistsmag.com/
https://www.facebook.com/risingartistsmag
https://twitter.com/RArtistsMag

 

Phil Jaeger

9 Years Ago

Interesting. About adding copyright info to images...

"Once you've made a copyright notice that is unique for your photography you can then go and make a google alert for that notice and every time that copyright notice is found on the web google will send you a message ............... and you can go and investigate!
http://studio.leavesnbloom.com/2011/08/shadows-good-to-wow.html

If someone knows about this, then they can simply copy & paste the image into a new document to remove the copyright info.

 

Joseph C Hinson

9 Years Ago

I don't understand any of this. They want to interview you? That's called publicity. It's a good thing.

 

Phil Jaeger

9 Years Ago

Thanks Joseph.

I'm just trying to cover my bases. I've seen some artists exploited over the years by startups. I don't want to fall into that trap...:0)

 

Marlene Burns

9 Years Ago

and speaking of exploiting, that's the terminology they use...they have the right to exploit the work.
don't bother answering them....they just want your file.

 

Phil Jaeger

9 Years Ago

Thanks Marlene!

I appreciate the reply. I probably don't want to be exploited...haha.

 

Iris Richardson

9 Years Ago

Just something to think about was interviewed by a major photographers magazine. Did get paid well and yes they only did get a one time usage license. No fair use

 

Phil Jaeger

9 Years Ago

Thanks Iris,

The info about one time usage, rather than fair use is good to hear.

 

Phil Jaeger

9 Years Ago


If anyone is interested I've posted the Interview Release Form I received from the magazine (on the website tap on the magnifying glass to see the image at full size):
http://s746.photobucket.com/user/Zwaeback/media/interview-release-form.png.html

 

Mary Ellen Anderson

9 Years Ago

Interesting thread. I don't believe i've ever been asked for art images for an interview. My experience has been that the interviewer wants candid pictures of you with the artwork or at the exhibition. Wanting high resolution images would send up flags for me, why? Even sm print images in an offline magazine don't need 300 dpi. I have linked the online images to my AW page for that piece so views can see a high resolution image and would think that would be preferable to everyone. Why reinvent the wheel and risk exposure when you've already setup a secure site for viewing your images?

I don't recall ever being paid for an interview and have always just considered them free advertising. Does anyone else get paid for interviews and if so by whom? That said though, these are prime advertising. The organizers are using your draw as the example their attendees will expect at the show. So really the best kind of advertising for an artists as is about their name not pieces for sale.

-- mary ellen anderson

 

Phil Jaeger

9 Years Ago

Hi Mary,

Thanks for the reply.

Yeah, I think that the magazine who contacted me is just trying to get going anyway that they can.

Up until 1 1/2 weeks ago I didn't really have an artwork web presence. I think they found me on the following website, which featured my artwork. It's getting a decent amount of traffic - http://philjaeger.cgsociety.org/

 

Photos By Thom

9 Years Ago

Quote from Phil's post: Here's what part of the contract reads. The "Interview Materials" are writing & artwork. I think some of the language is a little non-comprehensible, but I'm not a lawyer...:0) To me it sounds almost like they could use my artwork for anything.

"I hereby grant and assign to the Author and his/her licensees, successors, and assigns the following rights in connection with the Interview Materials for use as part of the Work or any advertising, packaging, or promotional materials for the Work, in any and all editions, versions, and media, in perpetuity and throughout the world"
..."3. The right to develop, produce, distribute, advertise, promote, or otherwise exploit the Work in any manner that the Author or his/her assigns deems appropriate."


Reply: K, Phil. You need to understand that you can score a line through any and ALL of this agreement and initial the changes. For an "upstart" magazine, they ask an awful lot! From the countless magazines I've worked with, I've yet to see such a body of shameless drivel.

The parts you left out that are specific to the USE of your artwork would be more help. From the language in the contract, sounds like they are leaving themselves open to exploit the use of the interview further at their discretion. From your viewpoint, you need to be sure you get PAID for each and every time your artwork appears in print, or published via the web.

Mary Ellen brings up a good point as well, something I spotted that turned my stomach. Unless the magazine is being printed 8.5 ft x 11.5 feet, as opposed to 8.5 x 11.5", there is no purpose to provide them with such a high resolution file. Dude this whole thing smells like a steaming pile of dog shit.

 

Phil Jaeger

9 Years Ago

Thanks Thomas,

You bring up many great points. Your reply in invaluable.

I actually also looked up the editor on facebook & google. I found a little bit of info, but I won't go into that, since it may or may not be him...:0)

Thanks again for the reply!

 

Justin Green

9 Years Ago

As you don't want your portfolio to be exploited, I take it you register your images with the US copyright office prior to any of it going online.

 

Phil Jaeger

9 Years Ago

Hey Justin,

I'm going to look into the US copyright office procedure.

I've heard multiple times that I have a copyright on my artwork, since I created them. I think it's good to have a little extra assurance though...:0)

Thanks,
Phil

 

Phil Jaeger

9 Years Ago

...so, it costs $35 to register a copyright on a piece of artwork - http://copyright.gov/register/visual.html

 

Photos By Thom

9 Years Ago

Not so for photography just to clarify. You can electronically submit 250 images for $55.00. Once you reach a base platform you can add to your folder you set up with the copyright office and the cost drops significantly.

I was in attendance at the Photoplus Expo last week at the Javitts center. Made the opportunity to have a long chat with the Copyright folks at their booth to discuss some gray areas and other topics

 

Phil Jaeger

9 Years Ago

I also found this great article on the pros & cons of registering your art
http://www.artbusiness.com/register_and_copyright_art_for_artists.html

There's so much copyright infringement on FAA, it's kinda hard to say how much it even matters. On FAA, I've seen a few popular pieces of art copied directly from photographs. Also, well known properties and brands have their copyrights infringed upon here all of the time. In my 15 yrs of working on commercial work I've never been allowed to represent anything remotely indicative of a well known property or brand. An art director would say in not so many words, "I want a character that looks halfway in-between a character from "Up" and a character from "Kung Fu Panda", but I don't want it to look like either of those characters."...haha.

 

Phil Jaeger

9 Years Ago

Thanks Thomas,

Artwork other than photography may also be able to be mass copyrighted.

 

Dan Turner

9 Years Ago

"In my 15 yrs of working on commercial work I've never been allowed to represent anything remotely indicative of a well known property or brand."

The operative phrase there being "commercial work." Art has a much wider latitude. If you keep it pure, it has no latitude at all. Anything goes.

Also, offset printing requires much higher resolutions than web images. A standard 8-1/2 x 11 image needs to be 2250 x 3300px @ 300 ppi; larger with bleeds. The finished, flattened image will be a bit over 24MB before compression.


Dan Turner
Dan Turner's Seven Keys to Selling Art Online

 

Phil Jaeger

9 Years Ago

Thanks Dan,

I just read through some copyright law cases. Copyright infringement only seems to really matter if there's a decent amount of money involved.
http://99designs.com/designer-blog/2013/04/19/5-famous-copyright-infringement-cases/



 

Phil Jaeger

9 Years Ago

oh...and also which side has the most lawyers.

I choose to stay out of that whole mess...:0)

 

Phil Jaeger

9 Years Ago

One more comment....because it sounds like I care too much about business.

I feel art should ideally be unique, creative and inspirational. It should give back to the world & should improve the lives of others. The purpose of art shouldn't be to be sold...:0)

 

Phil Jaeger

9 Years Ago

To end the magazine saga I basically told the editor of the magazine that after reviewing their website & contracts I would need to decline the interview at this time. Possibly we can work together in the future after the magazine has a solid track record.

 

This discussion is closed.