[Hidden-tech] Looking for Resources/Referrals

[Dennis Kunkler]

Hi Madeline,

I've been a Designer/Art Director/art buyer for 30+ years and
my specialty has been package design.

There are basically 2 ways to contract for artwork.

1. A usage fee in which the artist retains all rights of the art or photography
and charges a fee based upon a defined exposure (size of the audience exposed to)
and an amount of time. (like a one year contract to appear in a magazine ad)
(Here is a publication from AIGA on Illustration as part of their Design Business and Ethics series http://www.aiga.org/resources/Content/4/6/0/documents/AIGA_3illustration.pdf )

2. Outright purchase "work for hire" by the business/manufacturer who will be able to use the image as if they owned it. (The artist can still own the physical artwork but gives the label owner in this case unlimited rights to use the image it as long as they see fit)

Either way, it should be spelled out to avoid bad feelings and maybe court.

My clients have almost always chosen "outright buyout" because they do not want to be forever holden to an artist or to continue to pay for an image years later. When packaging is involved it's almost imperative because the image may be on a package that is then photographed for sell sheets, PR slicks and multiple ads, catalogs, POP displays - well you get it.

Unfortunately, package artwork is not like Hollywood where you get a SAG card and can expect to retire on residual income.

Funny thing has always baffled me though. As a designer I conceive a layout and bring it to a photographer who shoots it under my art direction but they own the copyright to the image. Yet I can design a package that makes a client literally, millions of dollars and can reprint as many times as they want and all I get is my original "work for hire" fee.  Gheeze.

Hope this helps.

All the best!

Dennis Kunkler
www.YourBrandPartnership.com

  ----- Original Message ----- 
  From: mccalabrese at comcast.net 
  To: hidden-discuss at lists.hidden-tech.net 
  Sent: Thursday, July 20, 2006 9:48 AM
  Subject: [Hidden-tech] Looking for Resources/Referrals


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  Hi all,

  I have an artist client who has been approached to provide her art work to be used on a product label.

  I'm looking for two types of referrals:

  1.  Art manager/buyer (or a more appropriate service provider) who could consult on going rates for original art to be owned by the marketing or product business.  Also consultation about options for long term proceeds from the product sale.

  2.  Lawyer - does this fall under copyright category, or is there a different specialty?  
  I have these names from previous recommendations for copyright and branding.
  Mary Kelleher 
  Lucy  Peteron 
  Peter Irvine

  Any others are also welcome.



  Thanks

  Madeline

  --
  Calabrese Consulting 
  Success for people and projects 
  Madeline Carnevale Calabrese 
  26 Roosevelt Avenue 
  South Hadley, MA 01075 
  413.531.4964 
  mccalabrese at comcast.net 
  www.mcalabreseconsulting.com 

   


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