Publishing licensing contract

Lisa Brazell Cook · 02-09-2005, 08:15 PM

Has anyone here had any experience with publishing / licensing contracts. I know some others also paint landscapes, etc also. I have been offered a contract with a couple of large publishing firms, but I'm not sure how much room there is for negotiation.

Any advice or comments would be helpful. I have been doing a good bit of research online, but there are very few folks with actual experience in this area.

Thank you,
Lisa

Linda Brandon · 02-11-2005, 08:43 PM

Quote:

Originally Posted by Lisa Brazell Cook

I have been offered a contract with a couple of large publishing firms, but I'm not sure how much room there is for negotiation.

The problem of multiple suitors is generally a good problem to have. Can you be more specific here? Are you talking about a book illustration project?

Some Forum posters have had experience with work-for-hire contracts. Is this what you're asking?

Lisa Brazell Cook · 02-11-2005, 10:36 PM

No these companies makes prints and posters and distributes them to retail chains and catalogs, they also handle licensing contracts. I will be going to the art-expo in NYC in March. I will let you know how it goes.

Michele Rushworth · 02-12-2005, 11:44 AM

Lisa, this is very exciting. Will you be attending Art Expo as an exhibitor with these print vendors, or as a visitor to check out what else is there?

Also, how did the print vendors find you, or was it vice versa? Will they be making prints of your portrait work and marketing them as figurative images?

Richard Monro · 02-12-2005, 11:47 AM

Lisa,

It took me three months to complete the negotiations on my publishing contract. Make sure that you always maintain the copyright and ownership of the image. Also put a time limit on how long the contract will run. Most companies want to own the image and have no limit on contract span of time. Good for the publishing company, but very bad for the artist. You always want to be able to completely and cleanly terminate a relationship and contract if you become unhappy with the publisher's performance.

Michele Rushworth · 02-12-2005, 12:04 PM

Richard, did things work out well for you in the publishing marketplace? What sort of images do you sell that way?

Richard Monro · 02-12-2005, 08:23 PM

Michelle, the company I signed up with has national distribution. My contract is less than one year old. Since it takes approximately 6 months to get the sales catalogs made and shipped to the sales force, I was told to not to expect any results until after the first year. I was exhibited at the Las Vegas Art Show last year by the publisher (along with about 20 other artists). More interest was generated for my expressionistic figurative paintings and my florals than for my realistic figurative art. However, no sales yet. I have 2 years left to run on the contract with options to renew. Something should start to happen this year...I hope.

Lisa Brazell Cook · 02-12-2005, 10:53 PM

Yes, I am excited about this opportunity. I just sent them a CD portfolio (I have a thread about it somewhere) with a few prints, cover letter, artist statement, etc. I sent out 5 and four have responded favorably. I struggled at first with what size company to go with (small--more attention vs. Large--more buying power). But it has really seemed to come down to personality. (All the deals were about the same.)

I will be attending as a visitor, but the publisher I am actively negotiating with said that he would like to present some of my work there and maybe I could meet with some buyers. They are interested in mostly landscapes and florals like Richard said. I hope it doesn't take too long to get some sales.

My best friend and I are leaving our small southern town and combined 5 children to enjoy 4 days in Manhatten. We are staying at the Waldorf Astoria, near all the sights and shopping so I am not sure how much time we will actually spend at the expo.

Luckily, my husband is an attorney and did a we did a little research, but haven't had any problems with the contract.

I just sent the publisher a handful of originals which should arrive on Monday. I am eager to hear what they think of the real thing.

I will keep you posted.

Lisa

Linda Nelson · 02-13-2005, 01:38 AM

Lisa -

I would be greatly indebted to you to tell me about the show in March. I have my first meeting next week with an Artist's Publisher, and am very intrigued by the whole world of fine art as it is unveiling itself. I have some gallery friends going there, but would love to get the viewpoint of a fellow SOG member.

Thanks.

P.S. If I can be of help wth the little I've learned so far:

The artist's publisher I am meeting with comes with high recomendations. I have been told to beware, there are certainly a share of publishers/galleries who can really take advantage of you. So get some feedback on the various reputations from someone you'd trust.

Lisa Brazell Cook · 02-13-2005, 10:17 AM

I will be glad to share; I will tell you that all of the contracts that I received have a confidentiality clause, but since we are talking in such general terms, I don't think that there will be a problem.

This may be more information than you asked for, but I have been self- publishing for about a year and have done a lot of research, and learned alot during that time, but have a lot to learn. One of the biggest trends is the death of the limited editions market. Thanks to events in the 90's when folks were convinced to pay a lot of money for these as an investment then artists/publishers printing the same images as cheaper posters as well as the total flooding of the market, people have realized that there really is no "secondary market" for most prints. SO... that bubble has burst. Now, I believe that publishers are focusing more on the open editions, posters and LICENSING. There are those that have a problem with this "art for the masses" approach and wouldn't be caught dead having one of there images for sale at a bin in "Bed, Bath and Beyond". I am not one of those people. I like decorative art and can't afford much else myself.

I am going to try to attach my marketing pyramid (courtesy of Decor) so that you can see how I have tried to touch each consumer level without devaluing my work.

I can go on and on for hours. Feel free to e-mail me if you like.
Thank you again for the help and continued interest.