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  • #477970
    CamiB
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        I would like to get some advice from anyone out there.
        A major TV network has contacted me about having one piece of my artwork used as a prop on a set for a new show time series.

        The contract reads like this: Your consent includes the right to use the Material in the Program and in connection with the distribution, exhibition and exploitation
        thereof in all media, now known or hereafter developed, in perpetuity throughout the universe, including without limitation in the
        advertising, marketing, publicity and promotion thereof. —network shall pay you a one-time flat fee of $_________________ for the
        consent granted herein.

        Do artist only charge for the artwork, the regular retail price? Is there a formula like retail price times 3? Can you ask to be put into the credits?

        I don’t want to come across as a greedy person, but at the same time I want to make an informed decision. I just have never dealt with anything like this before.

        #878800
        kasunart
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            I “leased” 6 of my paintings for a week to a movie set (a Netflix one) and they were authorized to pay 15% of the retail price. One time, up front. I took it, got the paintings back as promised and they even had them custom framed which I got to keep. I have no idea if that was standard or not, but they said if I didn’t take the deal they would just ship in appropriate artwork from a production warehouse in LA.

            #878801
            Use Her Name
            Default

                It looks like they are trying to get away from the “artist retains copyright.” There are a lot of things to weigh. I gave my copyright away and took a lump sum payment once because it was a large lump sum and I really did not care about the work. It was like 1 month of work for 1/4th of the money I made all year. There are horror stories about artists (usually musicians) who take a lum sum only to have their song make millions later on. Sad to say, this is what business lawyers are for. I would recommend a business/ contract lawyer.

                No longer a member of WC. Bye.

                #878805
                SurrealityArt
                Default

                    Sounds to me that they are looking to pay you a one-time fee to own the artwork. Owning the artwork allows them to use and reuse the artwork at their own discretion. This means that you have signed over all the rights to use and/or copy the artwork to the tv network/owner.

                    FYI: Professional artists can often times carry contracts that pay the artist each and every time an artwork is used, such as on tv. This can get spendy if the artwork is seen in every episode. So what the network wants to do is buy the art piece flat-out from you with no restrictions on when and how many times they use it.
                    T.J.F.

                    #878802
                    DaveCrow
                    Default

                        Looks like they get to do what ever they want to with the image, forever, as long as they can make a case that it is related to the program in some way.

                        You might still be able to use the image yourself for other things.

                        Probably worth a check with a lawyer or someone experienced in art licensing.

                        I licensed on of my painting to a local land trust for them to use on their appreciation certificates. They paid me a flat fee, about the price of the painting, and can use it for their certificates. Not quite the same thing as what the network is asking.

                        "Let the paint be paint" --John Marin

                        #878803
                        Tina Lewis
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                            That’s quite a contract, “… in perpetuity, throughout the universe”?! I think DaveCrow’s advice is correct, talk to a lawyer.

                            #878804
                            Mike L
                            Default

                                Here’s another vote for DaveCrow’s advice to consult an attorney. Many of them provide an initial consultation at no cost. Even paying full price for half an hour to an hour of their time could save, or even make, an artist thousands of dollars in the future. And think of the reduction in aggravation!

                                Hope you let us know how things work out.

                                Practice religion freely and freedom religiously.

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