subject: Licensing 101 - How to License Art [print this page] Licensing 101 - How to License Art Licensing 101 - How to License Art
The do's and don'ts of Licensing 101 will give you some tips you should know before you enter into an agreement with any company that is interested in using your art to promote their own products or to use on those products. Failing to cover your rights and contract under a well-defined licensing agreement can cause you to lose money that should rightfully be yours with a properly drawn up licensing agreement.
One of the most important things to understand before you agree to let anyone use your artwork is to never do it without a licensing agreement. Even if no money is passing hands and you are agreeing to allow a particular company to use your art as part of an advertising campaign you still must be sure to have the agreement in writing. The same holds true of any artist whether painter, musician, sculptor or author. Each of these professions is an art form and as such they own the rights to anything they create. Licensing protects the artist from losing rights and money on the artwork they create.
If there is a lesson to be learned by every new artist it is to protect and defend all of his or her creations. There are people out there who are looking for those who are not versed in the law and have not gotten their feet wet enough to understand the importance of having an attorney to advise them on contract phraseology. For example, if you are looking for low-cost advertising and a company approaches you with an offer to use your artwork in lieu of paying for advertising, you still need to sign a licensing agreement with that company.
Your licensing agreement should identify two important factors: the amount you are charging to allow the company to use your artwork and the length of time that the agreement covers. At no time should you agree to license your artwork for an indefinite period of time for the original fee. You can negotiate a fee based upon a specific time and include a provision for extension of the licensing at the same rate or a higher rate. You may want to set a future rate in the original licensing agreement based upon the current inflation rate so that you don't have to renegotiate the contract later.
As an artist you are not looking to give your work to anyone unless it is for a charitable reason and as such you want to make sure you understand the importance of licensing before you begin to contact anyone about using your artwork. Do not go into the transaction blindly, and if you are not sure if the licensing agreement is in your best interest, review it with your attorney before you sign it. Once you sign a licensing agreement, you are bound to those terms even if you discover you could have leased the artwork for a higher price elsewhere.
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