WHO OWNS THE ART?

[Dottonedan]

WHO OWNS THE ART?
[/color][/size]As usual, I replied to a post, thought it was worthy to keep on my own records and so I post it here.[/font]
[/color][/size]Many people in our business get confused about the business of art as it pertains to Screen Printed Tees. Paying someone to do art for you..and your customer. So who really owns what?[/font]
[/color][/size]Basically, the creator, owns the art. Always. An Art/Design fee, does not constitute art ownership. An art fee, defines what one is doing a labor for, or (art creation for a specific job). Art ownership is a different beast. What most laypersons assume, is that when they pay an artist a fee of any sort, (That does not specifically work for them), then that fee is for “purchasing" the art and they assume they have full ownership. This is a misconception for a customer off the street as well as for many shop owners and even some inexperienced artist.[/font]
[/color][/size]Most fees in screen printing are for the labor to create a request for your specific needs. You can think of it like a screen fee. They don’t gain ownership of the screens (unless of course, you want to sell screens and get rid of them). Separately, these rights can be transferred onto someone else for a higher price, (the shop owner or the end customer) typically. This is an additional fee on top of the initial labor fee). Even then, - what you are selling - can be outlined in a contract to be -limited or in full. There can be “levels”of what the rights are for, depending on what you (the buyer) want to pay for and your need.[/font]
[/color][/size]Where you see (limited usage rights), may be for collateral usage such as in a news article, a magazine advertisement, clip art that may say “Royalty free” etc. You are selling usage rights for a specific time, and on a specific use.[/font]
[/color][/size]The benefit for the buyer, is that this is cheaper than if you were to buy the art outright with full and complete rights. (You just want to use the image for a time), not own it. [/font]
[/color][/size]What this does for the artist, is that it allows the artist to generate more income over a longer period of time in various ways. This, is the beauty of being able to create art. Consider the business of clip art or stock art such as Great Dane Graphics. He still owns the art, so he can sell the use of it, over and over again (to you and other printers). You, when you pay your fee, are not buying ownership, you are buying usage. It cost you less to do so and therefore can afford to buy several times more like it, than you could if you were to pay full price for that art.[/font]
[/color][/size]Collecting a Royalty is yet another subject, but falls within this category as well.[/font]
[/color][/size]Example only.
Basic design/Labor charge to complete a customer order $150.00 - Art stays with creator (Freelancer).[/font]
[/color][/size]Limited usage right for specific item(s) for a specific time frame (5 yrs) $450.00 (example only).[/font]
[/color][/size]Full and complete rights $600.00 (per art image).[/font]
[/color][/size]I know, I know. Shop owners don’t like to hear this kida dirty talk. but this IS the business of Art.[/font]
[/color][/size]Each contract can be unique as long as each agree.[/font]
[/color][/size]Some “customers”think that when hiring a freelancer for a specific job, it is “Work For Hire”. The term “Work For Hire” can be confusing. The categories that define “work for hire” can be found in the link below. A “Work for Hire is NOT most tee shirt/print shop freelance situations unless you are basically working for them. The definition of working for someone is also outlined in this link below. [/font]
[/color][/size]Item A, is pretty self explanatory. The 2nd of the two definitions (Item B), A work specifically ordered or commissioned for use...is the one that confuses most. Look deeper, and that category has sub definitions. Many assume this “Work For Hire falls under (As a contribution to a collective work).[/font]
[/color][/size]This might be the case, if your “work” was only a part of a group of components/contributions to the final product that were an ongoing collective. For example, if I were to do one Illustration for one page of a book for an Illustration. This is not a WORK FOR HIRE and the rights belong to me, the author of the art and not the author of the book. Compensation is equally due, if the author of the book wants to own the art. In most cases of Illustration work it is used in the book with compensation for limited use. It’s not purchased in full.[/font]
[/color][/size]If (I), as the artist were doing lets say 50 new designs out of your 60 that you need, for a new product line for 2021, then the area becomes more grey as this can be argued as being a - part of a contribution to a collective work and can be argued as being “work for hire”where the ownership falls within the hands of the employer.[/font]
[/color][/size]A contract that you both would agree too, can be totally outside of these requirements or fall wthin, and would be binding either way, since you and I agreed to said components of the agreement”. If this were the case, then the artist should also be compensated accordingly aka “a higher price”for leaving ownership behind.[/font]
[/color][/size]These are not “what I think”, but are what is written in law, to protect the livelihood and intellectual property of both parties. Any time a print shop has an artist as an employee create something for them, THEY they are the owner of the art...as they are paying as a “work for hire”. Like the artist, You own the rights to this art. Another confusing area is when a customer (end user) pays an art fee to your shop, they may assume they now own the art. This too, is not the case, and the rights to ownership are now in your favor, even tho they paid a labor fee to have your shop create it.[/font]
[/color][/size]Sketches, (that someone created) and the customer sent into you to use as reference, belong to either the customer, or the person who created the sketches for the customer. (Art in any form, belongs to the creator). Once you create final art (from those sketches), this is different than or separate from...the sketches...and the final art, digital files, paintings, etc is YOURS. [/font]
[/color][/size]https://www.copyright.gov/circs/circ09.pdf[/size][/font]

[tonypep]

Well said Dan......"Fee" is a paid service and does not imply ownership. That is a separate matter. I worked briefly for a company whose internal artist created a sharp looking logo for a new restaurant for tees. Soon after the customer wanted to use the logo for signage, napkins menus, glasses, etc. and demanded that we hand over the art since he paid his $150.00. They did, despite no matter how hard I tried to diplomatically explain that is not how it works. Talk about leaving money on the table! I'll look later but there used to be a graphic arts service pricing guideline reference book that can be a usefull tool in these matters. In any case, the sooner the issue is brought up (immediately), the better.
Chapter two, Who gets the $500,(assuming they paid)? The artist or the shirt company? Grey area that is best made clear upon hiring an artist to avoid contention. Talk amongst yourselves.
tp