Handing over copyright of illustration


#1

Hi everyone,

So have been really pleasantly surprised with Fiverr. My first love has been illustration and finally I am fulfilling my dream of being one thanks to Fiver. Clients have been great.

So my latest job is to do a really cool cover for a magazine. I’ve done a rough sketch which the client likes and I now just need to complete the final drawing.

Today the client emailed saying I need to complete an agreement to the following…

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• THE PUBLISHER may publish the artwork at its own discretion, printed or digitally in any format for publishing.

• The drawing is original and the copyrights will be transferred to THE PUBLISHER upon full payment made and approval of the artwork.

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Would like to hear other Fiverr illustrators views on this.


#2

While you are waiting for replies suggest you check out the Terms of Service which you will find at the bottom of the Fiverr main page. Hope this helps.


#3

Well this is up to you. You may want to consider a small additional fee unless you’ve promised something like this in your gig description.


#4

I’ve just been reading Fiverrs conditions. It seems that once payment is accepted then all rights are transferred to the client.
I’m ok with that, its just that I would not want the illustration then to be used for posters , t shirts etc.

If so there should be a separate commercial agreement to include royalties.


#5

It is demands/wishes like this type of thing that are the reason for all the “If you do this job cheaper then I will give you a share of the profits” type crap that most categories receive every day. I don’t get why people can’t just set their price for something and that be it! If I do SEO or marketing for a client and suddenly their site/business takes off, should I get more money? No, I got paid for what I did so that is the end of it.

Either offer something cheaper up front in return for additional fees later or charge the price you want up front but stop with the looking for both!


#6

The buyers request was for a illustration to be used for a cover - and that was the subject of my offer -Once the job was started he requested me to sign over all copyright so that he can use it anywhere

I’m curious how other Fiverr illustrators deal with these requests


#7

Ok, well in that case they have changed what they asked for so of course you can ask for extra if you want.

Why just illustrators?
What is the difference between illustrators and everyone else?

I am also curious, would you accept a job where a buyer says that they will pay $150 for a cover illustration but if the book is not successful, you will refund them a certain amount? It seems fair if when books etc are successful then royalties are added.


#8

Hi eoinfinnegan,
Well illustrators and musicians for a long time were ripped off by major labels. Comic artists who played a big part in the success of the characters they drew were exploited and denied not only royalties but recognition… Thankfully that is changing. Musicians, writers and illustrators are well aware of their rights.

Many artists love their work and many would probably be doing it for pleasure - unlike SEO :slight_smile:
And thats why artists in the past were exploited.

I’m on Fiverr because its given me the opportunity to gain valuable experience. For that experience I will give up some of my rights to ownership.


#9

Define ripped off if you would.
I know that there were certainly cases where the person doing the creating didn’t get paid as well as others involved in the supply chain but that is true of any industry. As for recognition, I think the major change is that artists have learned that if they want recognition then they need to step out there and make themselves recognizable, not rely on someone else to do it. The internet makes that much more possible of course.

If you/they are willing to do things for pleasure then surely that is a perk of the job, no? I enjoy what I do when compared to being a garbage disposal person or drain cleaner but not as much as if I were a pro footballer. I think it is incorrect to say that in itself was exploitation, although I am sure there are cases of exploitation in every industry. When a client comes to me and says “Do my SEO for free or cheap and I will give you 40% of everything I earn” I have a choice. I can demand my fee up front or spin the wheel and hopefully make more. I always ask for the up front fee and risk losing the client, but I do know others sometimes spin the wheel and blindly trust some stranger for whatever reason.

Artists have the same option but the fact is that many artists agree to things like “free gigs for exposure”. I have many friends in bands and despite the fact that Ireland has a huge live music scene, it is extremely difficult to be paid in anything other than free drinks for the night. This is because there is always someone who will do it “for the exposure”. The key is to be better, to add something that the others don’t have - that’s how I get clients to pay up front.

PS. Please note, I am someone who abides by copyright and respects the work of artists. I don’t stream movies or music and have paid for all cds that I own. If I have come across as being anti-artist or argumentative, then I apologize, it is not intended. I just don’t understand how certain industries have this right, or believe they have this right, to charge extra if their work for someone else is successful.


#10

Ripped off of course is a matter of perspective.
e.g. Marvel and Jack Kirby

For me Fiverr is a great stepping stone for experience and probably not the place where I would want to continue selling my service at $10 dollars a go :slight_smile:

I see myself here for only a year or so and then will look for an agent.


#11

You could always raise your prices to something more appropriate to what your services are worth. :wink:


#12

well the current gig i’m working on is for $100 and I did one recently for $160.

But like I said its all for the experience. Theres nothing like dealing with real customers. I can sit and draw all day stuff that I like but the experience I want is for drawing things out of my comfort zone.

Also it seems majority of Fiverr customers like paying $5 lol


#13

If I can get what I want for $5 then that is the maximum I will pay!
If there is a reason to pay more then I will pay more.

Regarding the Marvel/Kirby thing, I am not overly familiar but have skimmed the Wikipedia page about him. It does seem remarkably similar to what I do. I hire writers and other creatives to do work for me as part of some services I offer.
The process is:
I discuss the project and negotiate a price for the work.
I hire various people I have pre-vetted over the course of 2 years here.
I take the work they give, edit it, optimize it, add to it to make it a finished product.
I take it to the client and explain anything that needs to be explained.
If there is a problem, I deal with it or pay for someone to deal with it.

Now, does the fact that I charge $40 and pay the creative $5 make it exploitation?
I think not but if you ask the creatives involved they might think differently, until I explain the full role I play which they do not see. That said, when a job goes smoothly, I generally tip those involved. Most of the time, they don’t know when there has been a problem.


#14

Well there will always be somebody ready to do a job for $5


#15

Yes, but they will not always do the job I want for $5.
For the record, I rarely buy $5 gigs except for samples that I pay for before working with a new client.


#16

8 posts were split to a new topic: OT comments removed!