What if the artist has already produced the work? Essentially, licensing is using a value-based method of pricing work but with clearer specifications. They may also charge a higher fee for visual identities or licensing fonts they have created because of the potential wide use. Designers do also still apply a form of licensing to their work – they may charge extra for supplying raw or editable files, for example, because this would mean their work is now outside of their control or future work passed on to other designers. Other forms of visual communication are easier to reproduce and are therefore more open to exploitation so are likely to need clearer terms of use. Where design is commissioned, the work is usually created with a purpose in mind, such as a brochure or a website, for example, and it’s pretty hard to use work outside of its original purpose. This usually applies to illustration and photography, whereas graphic design use is often more straightforward because of the nature of the work. This is a means of specifying exactly what commercial use the work is for. First off, you probably have nowhere near this level of usage in mind, so it’s important to be specific when commissioning work. It also means the artist can no longer put their name to a piece of work, use it in their portfolio or promote themselves. Copyright essentially means that you are free to reproduce work as you please, edit it in any way you choose, use it across wide company promotion and sell it worldwide. There are many reasons why there is value to owning the copyright of a piece of work and why you also probably don’t need that level of use for your project. Usually asking for copyright would result in a higher fee. Do I own the rights to an artist’s work if I commission it? The Association of Illustrators can advise you if you need impartial advice about fair fees. Every illustrator is different and therefore costs may vary from one to the next. Bear in mind also that day rates can sometimes lead to false expectations – though someone’s day rate is low, it may take them twice as long to complete a job. The level of originality of a piece of work would affect the cost – for example, a bespoke illustration has higher value than a stock image that may have been used ten times over by other companies. Most of the time day rates are straight forward when it is in exchange for a service or skill, but a license is usually required when an original piece of work is used for commercial purposes. There may be instances where illustrators will work for a flat day rate – typically this would be where an artist is commissioned for work that is not going to be used commercially, such as a painting, mural artwork or storyboard drawings. Below are some frequently asked questions to help understand how licensing works and what level of commercial use you need for a project.
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