Become an artist!
Do you want to become an artist
but you don't know how to go about it? Do you wish to work in the greeting
cards industry? Are you interested in childrens' books? I have some useful
information on what to do!
It comes from old and new books,
seminars, websites, interviews and personal experience. I hope that my collection
is useful for the many people who have written to me up to now asking me for
advice.
Good luck!
YOUR QUESTIONS ANSWERED - COPYRIGHT
LAW
1) - Do you work for Clients
outside the United Kingdom or Europe?
- Yes, and everybody is welcome
to ask for a free quote/estimate. Regarding the Copyright Law, an agreement
shall be made when needed to fulfil the UK requirements and the laws of other
countries involved.
2) - Is it possible for me to
receive samples of your work on a zip disc/CD ROM?
- It is indeed! Please email
me and simply specify what are you looking for, the size of the pictures,
their format, your computer platform, and any other requirements and send
it to the address that you will be given in reply to your email.
3) -Which techniques can you
use to prepare your artwork?
- You can choose from among
many. Starting from crayons, ranging through watercolour to gouache, acrylics
or totally digital imagery, just pick what you like!
4) How will the copyright law
influence our dealings?
-It will help clarify our rights
and duties. Here is a sample of the typical "terms and conditions" suggested
by the Association of Illustrators" (for Europe). Please note that if you
are not willing to stick to the law I am not willing to work for you!
ACCEPTANCE OF COMMISSION: TERMS
AND CONDITIONS OWNERSHIP OF COPYRIGHT/COPYRIGHT LICENCE
1. The copyright in artwork
commissioned by the Client shall be retained by the Illustrator.
2. The Client or the Client's
customer is granted a licence to reproduce the artwork solely for the purposes
set out on the face of this acceptance of commission. If the acceptance of
commission is silent, the Client or the Client's customer is granted an exclusive
licence for one time use in the United Kingdom only.
3. During the currency of the
licence the Illustrator shall notify the Client of any proposed exploitation
of the artwork for purposes other than self-promotion and the Client shall
have the right to make reasonable objections if such exploitation is likely
to be detrimental to the business of the Client or the Client's customer.
4. Where the use of the artwork
is restricted, the Illustrator will normally grant the Client or the Client's
customer a licence for use for other purposes subject to payment of a further
fee in line with current licensing rates to be mutually agreed between the
Illustrator and the Client.
5. The licence hereby granted
to use the artwork is contingent upon the Illustrator having received payment
in full of all monies due to her and no reproduction or publication rights
are granted unless and until all sums due under the Agreement have been paid.
6. The licence hereby granted
is personal to the Client or the Client's customer and the right may not be
assigned or sub-licensed to third parties without the Illustrator's consent.
PAYMENT
7. The Client shall pay all
invoices within 30 days of their receipt. Interest at a rate of 2% per month
is payable on any balance unpaid after 30 days of the date of the invoice.
CANCELLATION
8. If the Client cancels a commission,
the Client shall pay a cancellation fee as follows: (i) 25% of the agreed
fee if the commission is cancelled before delivery of roughs; (ii) 33% of
the agreed fee is the commission is cancelled at the rough stage (iii) 100%
of the agreed fee is the commission is cancelled on the delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
9. In the event of cancellation,
ownership of all rights granted under this Agreement shall revert to the Illustrator
unless the artwork is based on the Client's visual or otherwise agreed.
DELIVERY
10. The Illustrator shall use
her best endeavours to deliver the artwork to the Client by the agreed date
and shall notify him of any anticipated delay at the first opportunity in
which case the Client may (unless the delay is the fault of the Client) make
time the essence and cancel the commission without payment in the event of
the Illustrator failing to meet the agreed date.
11. THE ILLUSTRATOR SHALL NOT
BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY
OF THE ARTWORK.
12.The Client shall make an
immediate objection upon delivery if the artwork is not in accordance with
the brief. If the Illustrator does not receive such objection within 21 days
of delivery of artwork it shall be conclusively presumed that the artwork
is acceptable.
APPROVAL/REJECTION
13. Should the artwork fail to
satisfy, the Client may reject the artwork upon payment of a rejection fee
as follows: (i) 25% of the agreed fee if the artwork is rejected at rough
stage; (ii) 50% of the agreed fee if the artwork is rejected on delivery.
14. In the event of rejection,
ownership of all rights granted under this agreement shall revert to the Illustrator
unless the artwork is based on the Client's visual or otherwise agreed.
CHANGES
15. If the Client changes the
brief and requires subsequent changes, additions or variations, the Illustrator
may require additional consideration for such work. The Illustrator may refuse
to carry out changes, additions or variations which substantially change the
nature of the commission.
WARRANTIES
16. Except where the artwork
is based on reference materials or visual supplied by the Client or where
otherwise agreed, the Illustrator warrants that the artwork is original and
does not infringe any existing copyright and further warrants that she has
not used the artwork elsewhere.
17. The Client warrants that
any necessary permission have been obtained for the agreed use of reference
material or visuals supplied by the Client or its customer and shall indemnify
the Illustrator against any and all claims and expenses including reasonable
legal fees arising from the Illustrator's use of any materials provided by
the Client or its customer.
OWNERSHIP OF ARTWORK
18. The Illustrator shall retain
ownership of all artwork (including roughs and other materials) delivered
to the Client.
19. The Illustrator's original
artwork shall not be intentionally destroyed, damaged, altered, retouched,
modified or changed in any way whatsoever without the written consent of the
Illustrator.
20. The Client shall return all
artwork to the Illustrator no later than 6 months after delivery in undamaged,
unaltered and un-retouched condition although the Client may make and retain
transparencies to enable it to exploit the rights granted with the artwork.
21. If the artwork is lost or
damaged at any time whilst in the Client's custody the Client shall pay compensation
to the Illustrator for the loss/damage of the artwork at a rate to be agreed
or, in default of agreement, decided by the Ethics Committee of the Association
of Illustrators.
22.THE CLIENT SHALL NOT BE LIABLE
FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE ARTWORK.
CREDITS/MORAL RIGHTS
23.The Client shall ensure that
the Illustrator is credited in any editorial use of the artwork. Credits for
non-editorial use are not required unless so indicated on the front of the
form.
24. The Illustrator hereby waives
the right to injunctive relief for breaches of the right of integrity and
the right of paternity.
SAMPLES
25. Unless otherwise agreed,
the Illustrator shall be entitled to receive not less than four proofs of
printed copies of the work.
NOTICES
26. All notices shall be sent
to the Illustrator and to the client at the address stated in this agreement.
Each party shall give written notification of any change of address to the
other party prior to the date of such change.
GOVERNING LAW
27. These terms and conditions
are governed by the law of England and Wales and may not be varied except
by agreement in writing. All parties submit to the non-exclusive jurisdiction
of the English Courts-
Thank you for reading this far!
