#art contracts

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[thismighthurt]

Okay, so I’m spending today preparing a talk for a college class on HOW TO NOT STARVE TO DEATH as a freelance illustrator, and I’m feeling to need to make a post about contracts and payment for you, dear tumblr. The following pointers are my opinions from ~3 years of freelance illustration and self publishing comics. They do not reflect the experience of every illustrator or artist.

How Much Do You Charge?

So, the biggest question in freelancing, after “How do I find jobs” is “How do I price my work?” Generally I price my work by determining an hourly rate, estimating how many hours it will take me to complete the project, and multiplying the rate by that estimate. I also write a detailed contract that protects me from a groundhog day of edits and misery, which I will talk about later. Hourly Rate X Estimated time + Materials

Things to consider when Determining What Hourly Rate To Charge: Charge different rates depending on what you can and can’t do with what you make under the contract. The following list is how I define copyright terms, and these terms vary from contract to contract:

Non-Exclusive with time limit: You hold the rights and license rights to client under time limit and limitations

Perpetual Non-Exclusive: You own the rights and license rights to client without a time limit.

Mutual Exclusive Rights: You own rights to what you make, and license rights to the client and only that client. You and the client can both do what you please with the work so long as you don’t sell rights to anyone else.

Work for Hire: Rights and licenses belong to the client and not you. Work for hire is a red flag because it means you will have NO OWNERSHIP of what you make under the contract and the client can do whatever they like with it without your input. If you have to do this, charge as much as you can.

It is also perfectly acceptable to consider how much money your client will be making off of your work when determining your hourly rate. In a perfect world we all get paid well and fairly no matter who we work for. Unfortunately sometimes it’s smart to take into account what your client is getting out of this financially, and what they can afford to pay. I have different rates for non-profits than I do for corporations. If someone is making a lot of money off of my work I feel that should apply to me too. If I’m doing a drawing for a volunteer run organization I believe strongly in I am inclined to offer them a lower rate. It’s also okay to consider how much of a pain in the ass a project is going to be when pricing. If you don’t want to do a job unless it pays enough to make it worth it, don’t do that job unless it pays enough to make it worth it.

Some Contract Tips

First of all, ALWAYS USE A CONTRACT. Not only does it protect you from being taken advantage of, but it is a clear written document that outlines what both parties expect from each other.

Be Very Detailed in Your Work Description: Describe exactly what you are creating for the client, including what you are not responsible for. Most people who hire you for art think what you are really doing is BLACK MAGIC. They have little comprehension of how much time it takes to do what you are doing, or the stages of doing it. Make a very specific timeline. Break it down into small increments, including when you expect to receive feedback from the client. Break down every part of what you are creating. How many images? Will they be in black and white or color? What size will they be? What file format will digital files be sent in? Is original art included in the contract? I could go on and on.

Be very Detailed in Your Copyright Agreement: Make sure your contract is very specific about rights and who can do what. You can customize the specific needs of the job.

Third parties: Can you sell the design to third parties? Can your client sell the design to third parties?

Portfolio use: Even if the client owns rights to the work, can you use it in your portfolio, website, and social media?

Can you use it later? If your contract is non-exclusive, define exactly what that means. What can each party do with the work? Is there a certain amount of time that must pass before you can do something with the work. Many publishers want “First printing rights” but allow you to regain rights to the work after a set amount of time.

Limit Your Number of Edits and Revisions, so that you don’t end up in revision hell. Include a fee system for extra edits and revisions beyond the contract. Make sure to define edits and revisions. I define them as follows:

Edits: Small changes such as changing wording in a sentence slightly, or changing a color of a font.

Revisions: Large changes such as a re-write on a script, or an panel being re-drawn.

Some people Say Get Paid Half up Front. Sometimes I do this and sometimes I don’t. @erinkwilson made a really a great comic about it though.

Also of note, this is not everything you need to know. It is a few pointers that I have stumbled over and learned from over time. I highly recommend checking out the Graphic Artist’s Guild Handbook of Pricing and Ethical Guidelines.