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Thread: Co-Creator Contract Advice

  1. #11
    Quote Originally Posted by Symson View Post
    I didn't know what was common either. I asked for 10%. I just pulled it out of the air. I still don't know what is common. Situation comes up again, I will just ask for what I want. The worst that can happen next is negotiations. That is common.
    I think it's important to learn what others are doing and what they're charging because it's important to not undersell oneself, to ask for everything you could or should be asking for per your "status" in the field, and to not ask for too little - this last bit is important because freelancers that undersell also devalue the market which can have negative effects on other freelancers. Think: Fiverr. I'm not saying that's what you're doing, but it's a possibility depending on what your actual 10% payment ended up being.

    Was 10% your only fee? Was 10% a flat fee, and if so, what was it based on - 10% of what? If it is a royalty percentage, how long will you be getting that 10%? And if it was a royalty-only percentage, what else did you charge for? Labor and materials - the actual work? Or did you do the work purely on spec with 10% coming only if the project made money? Was physical art produced, and if so, did you sell it as a separate line item, or did they not want it and decided all they needed were the files? What russet rights did you give them? And why did you decide 10% was fair? You said you pulled it out of thin air - was it really that arbitrary?

    In so many words, these are the types of important questions I think Logan wants the answers to.
    Phillip Ginn

  2. #12
    Straight Outta a Comic Book [SUPPORTER] Symson's Avatar
    Join Date
    Oct 2006
    LA LA Land
    Blog Entries
    I did the particular agreement Iím referring to over 10 years ago. I canít remember the name I filed it under, so I canít give specifics. Back in my early disorganized computer days.

    The best thing to do is see a lawyer as I did. I asked for a referral from a lawyer I knew and lucked out. The lawyer he referred me to was the nephew of Will Elder.

    All artists should find a lawyer for legal advice, not here, as you will get no consensus - usually. There are regional price differences and a host of other variable factors.

    You can look for Volunteer Lawyers for the Arts in your home state or pro bono lawyers.

    Hereís what Vermont offers:

    Vermont Volunteer Lawyers Project

    Vermont Arts Council

    These books will be helpful also:

    Legal Guide for the Visual Artist by Tad Crawford

    Graphic Artist's Guild Handbook of Pricing and Ethical Guidelines (Graphic Artists Guild Handbook: Pricing & Ethical Guidelines)

    Business and Legal Forms for Illustrators by Tad Crawford

    Business and Legal Forms for Graphic Designers by Eva Doman Bruck and Tad Crawford
    Inviting 100 artists to celebrate Kirby and Eisner Centennial Tribute Books

    Joining you in the ABCs of faith - Action, Belief and Confidence

  3. #13
    I am the stone that the builder refused... Logan's Avatar
    Join Date
    Apr 2002
    Burlington Vt
    Hey thanks guys. This dialogue has been very helpful!


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