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Request to use existing art

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Hello fellow forum members!

I was approached by someone from France asking permission to use one of my old drawings he had found online.

The person chairs a small non-profit association specializing in (studying) a certain area of literature.  He would like to use my drawing to accompany an essay to be included in their next periodic publication.

Based on my research, the person appears legit.  Their publications are actually being sold (in both paper and electronic formats) through websites such as Amazon and Lulu.  Being a non-profit, they state that all proceeds from such sales are only used to finance their activities.

I've charged for similar usage of existing artwork in the past, but the requester was a publisher with pretty big sales (it was many years ago, and they mailed me a cheque).

How should I handle this?  Should I charge a fee, or agree on a one-time use and perhaps request a complimentary copy?

If I charge for the usage, would the fact that this is a non-profit impact the price?  What would be the simplest method to receive the payment (should the person agree to pay)?

What are some of the caveats and pitfalls I should look out for?

Thank you!

#1 - October 12, 2015, 07:18 PM

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I would request payment -- I work for a nonprofit and we pay for photo and arts rights all the time. Nonprofit doesn't necessarily mean "no budget," and a nonprofit about literature ought to appreciate rights holders.

Not sure about pricing, but Paypsl is good for payments from foreign currencies.
#2 - October 12, 2015, 09:44 PM
Kell Andrews
www.kellandrews.com
Twitter @kellandrewsPA

THE BOOK DRAGON, Sterling, October 2, 2018
MIRA FORECASTS THE FUTURE, Sterling, 2016

Rock of The Westies
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I've had the same thing happen to me. A non-profit approached me and asked to use one of my images, not connected with any story that was solely a portfolio piece. Mine was an easier decision because it was a dog rescue organization that covers most of one state and reaches into another. And I'm pretty much about dogs. It was for an annual event that is widely publicized. They offered to promote my work, etc. I went forward, and they put up an entire page about me on their website with links to my website and promoting the book I had coming out. This led to paying work with that organization and one of their sister organizations. I was fortunate that it worked out. Many would caution against not getting paid for that initial use. However, I went with my gut and it worked out.

I would advise to charge, but keep in mind it's non-profit so the pay you see suggested on many sites may not be feasible. Definitely make sure they credit you, and possibly promote your work as well.

I'm not sure if Paypal works internationally, but it's worth a look and may be the easiest way to go.
#3 - October 13, 2015, 06:19 AM
« Last Edit: October 13, 2015, 06:21 AM by Cynthia Kremsner »
Fur Balls & Feathers & Fins, Oh My! Animals Are My Kind of People
 www.cynthiakremsner.com

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Agree with Cynthia. The fair rate (including zero) depends on the usage, size of the nonprofit, and perhaps your identification with the nonprofit. AARP, Girl Scouts, American Heart Association, and the NRA are all nonprofits, as are local shelters for women and children, small arts organizations, etc. Some can pay market rates, and some can't.
#4 - October 13, 2015, 07:23 AM
Kell Andrews
www.kellandrews.com
Twitter @kellandrewsPA

THE BOOK DRAGON, Sterling, October 2, 2018
MIRA FORECASTS THE FUTURE, Sterling, 2016

I draw stuff for chocolates.
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I would request a fee for reprint rights and usage since it's an older piece (already published?) Rights would probably include world usage, electronic usage and limited time print usage.

Ask if they have a budget in mind for purchase of the art usage. Non-profit doesn't mean no money.

Just because your illustration is an older piece doesn't mean it has less value. Honor yourself and your art skills by requiring remuneration for use.

Congratulations!
#5 - October 13, 2015, 07:27 AM
patreon.com/wendymartin
Animal Totem Mandala 2016
The Story Circle 2016 (PiƱata)
Color and Conjure 2017 (Llewellyn)

Kell, Cynthia and Wendy - thank you very much for your helpful, sensible input!
#6 - October 13, 2015, 09:19 PM

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