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Writing, Illustrating & Publishing => Illustrating => Topic started by: nikkee-vincent on December 30, 2017, 02:51 PM

Title: Illustration Contract Question
Post by: nikkee-vincent on December 30, 2017, 02:51 PM
Hi All!

I have a question in regards to an illustration contract I'm writing up. The Author is requesting that I add 2 separate clauses, a) a buyout option of the copyright within the first 3 years after publication and b) she's wanting to use the illustrations for any purpose (not just promotional material) for the first 3 years.

Is this a fairly standard/fair request?

Thanks!
Title: Re: Illustration Contract Question
Post by: Debbie Vilardi on December 30, 2017, 05:44 PM
I've heard of both in contracts before, but the pay should be commensurate with the requests. It's a matter of what rights are being purchased and when. An illustrator might have more info on how you' be compensated for these. Also, will you also be able to use the illustration during that time period?
Title: Re: Illustration Contract Question
Post by: Wendy Martin on December 31, 2017, 07:54 AM
She wants all rights without compensating you in the first 3 years. And from the sounds of it, if she has success making money off of your work in those three years, then she'll by the rights she's already been using. If she wants use of all rights, she has to pay for the use of all rights. Period, End of story. I might agree to the buy out clause, but the use of all rights without compensation would be a deal breaker for me. I would and have turned down contracts on books with an all rights grab. IF she is willing to PAY you for those rights then you might consider it. But you should be fairly compensated, in advance of her usage.
Title: Re: Illustration Contract Question
Post by: nikkee-vincent on January 02, 2018, 08:23 PM
Thanks so much Wendy and Debbie for your responses. This was really helpful for putting together the contract. We finally came to a mutual agreement and the contract is being signed! Thanks!