Reading the Fine Print is Vital
Reading the Fine Print is Vital
Today I found a wonderful contest to enter where the Artworks will be part of a traveling show where many people will see it. There’s no submission fee. There’s amazing cash awards. …and three pages into this fabulous opportunity is the FAQ question about retaining rights, as follows:
Do I retain the rights to my art?
“Yes, you retain the rights to your art. However, by your submission, you acknowledge: (1) your submission is an original concept and execution and is not a copy or reproduction of the art of another; and (2) you will agree to irrevocably grant to Embracing Our Differences and its related organizations, affiliates, licensees and assigns, in its sole and absolute discretion, without restriction or limitation, a non-exclusive, worldwide, royalty free, perpetual, irrevocable license (with the right to sublicense) to use, publish, modify, adapt, translate, create derivative works, distribute and display your work and personal information, including your name, age (if a student) and city/state/country of residence, for exhibits, displays, catalogs, posters, advertising, educational, merchandising/promotional materials and other purposes throughout the world via any media now known or hereinafter devised. If your artwork is selected for display, you agree to execute additional documentation to effectuate this grant. Please see our Term and Conditions page as well as our Privacy Policy for additional information.”
In The Real World
In the real world, when a company wants to license a product from another, it is costly and the originator of the product receives a royalty.
Per The True Cost of Licensing a Brand, “While the idea of extending a brand with new products and experiences may be exciting to both licensees and brand owners, it is important to remember that it isn’t free or easy.” Giving a License or Sub-License of a work of art for free without any royalties is not ethical, especially since a majority of the time the license is not revocable and lasts forever.
The article Brand Licensing 101 states ” 1. Protect your intellectual property. Protecting your intellectual property (IP) is one of the most important factors behind licensing your brand. The last thing you want is to accidentally give someone full, unfettered access to your brand assets without getting anything in return.”
The article titled Licensing Fee: Definition has some examples that may be of interest to you:
Example: “In one notably expensive example, the producers of ‘Mad Men’ reportedly paid a total of $250,000 to license the Beatles song ‘Tomorrow Never Knows,’ so that the character Don Draper could listen to it in one scene.“
Example: “Some businesses pay both licensing fees and royalties. For example, a franchisee might pay the parent franchiser an initial license fee for the right to use the franchise’s name and processes plus regular royalties based on sales. Those royalties often average 5% to 9% annually, depending on the franchise”
In Summary…
No matter how wonderful the Art Call seems, read the fine print. Search until you find it as it could be 3 or 4 pages into the prospectus. If you are signing away your artwork with a full license or a sub-license just by submitting, don’t enter that contest. Your art will be used by many others to make money without you ever getting an exchange for the license and royalties. That company will also license and sublicense your artwork, earn the licensing fees and royalties that you should have and can do so forever. Boycott that company and tell others to do the same as it’s an illegal practice.
To Your Success,
ILIA