how to hire a lawyer for art licensing/contracts

Get a contract with the attorney outlining your agreement. After you have selected someone who seems to be a good fit for you, ask him or her to provide you with an employment agreement. Most attorneys will have something like this ready to go. The agreement may be in the form of a letter, or it may look more like a contract.

Full Answer

Do I need a licensing agreement as an artist?

As an artist, when you offer your work to a potential client for use, or a client approaches you to use your work, a licensing agreement is vital for the protection of yourself and the propriety of your work against a client who might use your work without your knowledge or permission in a way you don't approve.

How much does it cost to hire a contract lawyer?

Simple contract drafting costs can range between $200 and $800 as a flat fee depending upon your needs. An online contract lawyer could also bill their services at an hourly rate between $100 and $350 an hour.

How often do artists get paid for art licensing?

Also important for artists to note is the fact that the pay period for art licensing is normally quarterly. That means four paychecks a year, which is why artists who are serious about pursuing licensing need to be very proficient at managing their money.

What is art licensing and how does it work?

What is art licensing? Art licensing is a way of making money wherein, as licensing expert Tara Reed puts it, you “rent” your artwork to companies to put on their products. An artist who chooses to license their art may not sell any originals at all, but simply license the images for use on commercial products.

How do you negotiate a licensing agreement?

How to Negotiate a Licensing Agreement Like a ProDo your homework. ... Start with a term sheet. ... Manage your expectations. ... Be patient. ... Have a win-win attitude. ... Don't lose your sense of humor. ... Remember to hold something back. ... Put yourself in their shoes.More items...•

How do I price my artwork for licensing?

The average royalty rate varies from product to product. For example, the average rate for art lithographs ranges between 5% – 15%, compared to 3 – 6.5% for wristbands. The average royalty rate is a good starting point for determining what the rate should be.

How do I get an artist contract?

What should be included in the artist contract template?Client information in an art contract template. ... Project information covered by your art contract template. ... Project pricing details section of the art contract template. ... Final payment terms of the art contract template. ... Revisions of an art contract template.More items...

What is an artist licensing agreement?

An artist licensing agreement allows an artist while retaining full copyright ownership of their work, to grant permission to another party to use their art.

What is a good royalty percentage?

In most cases, licensors prefer a royalty rate that falls within 25% to 75% range of the sublicensing income. Their stake usually amounts to more than half of all profits. In rare cases, the licensee can negotiate a rate split and apply their own royalty obligation to the sale of sub-licensed products.

What is the standard artist royalty rate?

10% to 25%Under the traditional recording agreement, recording artist royalties usually range from 10% to 25% of the suggested retail price for top-line albums (although many record companies have begun to compute royalties on the wholesale price).

How do I invoice an art commission?

Invoices should contain information about:you the artist.your billing address.your client or customer.​their taxable address.your tax reference code (UTR - unique tax reference code if in the UK)the tax date for the product or service rendered.description of the artwork provided or artistic service rendered.More items...

What is a commission in art terms?

Commissioning art is the process of hiring an artist to create an artwork, based on the client's request. There are many reasons why people commission artworks. Sometimes, the piece they really like is too large or too expensive. In that case, a client is likely to request a smaller or more affordable piece.

What is commission in art?

In art, a commission is the act of requesting the creation of a piece, often on behalf of another. Artwork may be commissioned by private individuals, by the government, or businesses. Commissions often resemble endorsement or sponsorship.

How do licensing agreements help artists?

For a songwriter or publisher to get paid by a PRO, they must sign an agreement that allows the PRO to license their musical works (or musical work share) and collect and distribute that share of musical work performance royalties.

Should I license my art?

Licensing your art makes it easy to gain more customers and generate sales. "Traditional art licensing deals allow artists to receive a royalty payment, typically doled out quarterly, for the products with their art on them that have sold," George says.

What is a licensing agreement PDF?

A Licensing Agreement is a document used by the owner of some form of intellectual property - such as a logo, photograph, or song - to give permission to some other individual to use that property.

What a Licensing lawyer can do for you

A licensing attorney can create the legal framework to protect your ownership of your patent, trademark, or copyright. Intellectual property licensing lawyers create licensing contracts for individuals or businesses that have created original works, and they will help maximize the revenue gained from licensing these products.

Why hire a Licensing attorney

If you are a copyright, trademark, or patent owner and someone wants to use, for example, your artwork, trademarked slogan, or patented invention, you may benefit from the services of a licensing attorney. Licensing attorneys write contracts that protect your intellectual property rights.

Did you know?

The top 5 receiving offices for patent applications in 2010 are as follows: 1. United States 2. China 3. Japan 4. Republic of Korea 5. European Patent Office

What is art licensing?

Art licensing is a way of making money wherein, as licensing expert Tara Reed puts it, you “rent” your artwork to companies to put on their products. An artist who chooses to license their art may not sell any originals at all, but simply license the images for use on commercial products.

How many paychecks do artists get a year?

Also important for artists to note is the fact that the pay period for art licensing is normally quarterly. That means four paychecks a year, which is why artists who are serious about pursuing licensing need to be very proficient at managing their money.

What is the point of art that works well for licensing?

The point of art that works well for licensing is to sell the product. It needs to be something that a customer would want displayed in their home in some fashion.

Who is Tara Reed?

Tara Reed is a licensing expert with years of experience, so we use transcribed portions from our interview with her throughout this article, lightly edited for readability.

Did Lisa Congdon get copyrighted?

This is exactly how Lisa Congdon was alerted to copyright infringement of her art, and this happens much more often than you would think. In fact a search on Twitter for “my art was stolen” reveals that art theft happens daily, to all kinds of artists, at every skill level and across every genre, style, and medium.

Where is Surtex located?

The caveat to a show like Surtex is that it’s in New York City .

Is art licensing for everyone?

Art licensing is not for everyone. In addition to being willing to create art along popular trends, fashions, and color schemes that are most likely to sell merchandise, you have to be willing to work with third parties, taking feedback and making changes that you may not feel are necessary.

What is Breach of Contract?

For a contract to be valid and to prevail in the event a breach of contract action is necessary, the following elements must be proven (these may be slightly different in each state):

Should I Hire a Lawyer to Review My Artist Contract?

When possible, always have a lawyer review a contract written by the other party, since the contract will likely have been written to favor the client, not you. You can also find the local Volunteer Lawyers for the Arts chapter in your city or state. VLA’s across the country offer legal workshops, pro-bono consultations, and reduced fees.

Why do artists need a licensing agreement?

As an artist, when you offer your work to a potential client for use, or a client approaches you to use your work, a licensing agreement is vital for the protection of yourself and the propriety of your work against a client who might use your work without your knowledge or permission in a way you don't approve.

What is the right to change your work?

The right to change or modify your work. The right to distribute your work. The right to publicly display your work. The right to create offshoots of your work that is originally based on your work. Because those rights belong to you, as an artist, they will never be stripped from you.

When granting a client a license to use your work, are you selling the work?

When granting a client a license to use your work, you aren't selling the work. You are selling the permission to use the work in a way that you approve of for a set length of time. A licensing agreement should be present in your art-related livelihood because it is a vital part of the growth of your business.

Do artists own copyright?

The Artist's Right to Protect Their Work. As an artist and the creator of your works of art, you are the sole owner of your work's copyright, until you sell or transfer the copyright to another entity. Whether you become involved in an artist licensing agreement for a short amount of time, or permanently, you still own the rights to your work.

Our Methodology

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Practice Area Definition

Art intersects with law in a multitude of forums and disciplines. The broad classification of "art law" encompasses the body of law applied to fine art and artists, and also often extends to cultural property, collectibles, multiples, and memorabilia.

How Do Lawyers Charge for Drafting?

Lawyers charge hourly fees, flat fees, or a combination of both for contract drafting services. Consider the differences between hourly vs. flat fee structures when hiring lawyers online.

What Information Will You Need Ready?

It is essential to have good information on hand when drafting your contract. Not only will the organization save you time and money, but it also ensures that your agreement meets your needs.

What Is Normal Turnaround?

The normal turnaround time to write a contract depends upon the extent of the agreement in question as well as how many custom terms will be included by the lawyer. Simple agreements can take a matter of days. Complex/bespoke contracts could take weeks or months due to the need to negotiate terms and conditions for large projects.

Pros and Cons of Flat Fee Drafting

The pros and cons of flat fee drafting to draw up a legal document are another element to consider. While flat-fee drafting has many significant advantages, it also carries its fair share of drawbacks.

Using Contract Templates to Start

Many business owners erroneously believe that starting with a contract template will save them money during the attorney legal drafting process. However, this strategy may actually tack on time and attorneys’ fees by approaching it from this manner.

Get Help with Contract Drafting

Get help with contract drafting by hiring a contract lawyer. Using an online boilerplate template can result in legal mistakes that cost you far more in the long run. Ensure that you receive what you want out of the contract drafting process by hiring a contract attorney to create the perfect document.

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