Hi Adam,
I think there's often a lot of confusion around the area of copyright and what you can and can't do and what is 'reasonable' for both parties.
I would say it's rare for it to be really necessary for an illustrator to assign copyright over to a client (known as a 'copyright grab'), and it's something illustrators are urged to resist by our trade body, the Association of Illustrators. It's a total severing of the link between artist and artwork. If a client insists that they need the copyright then they need to be prepared to pay a higher fee in recognition of the wide-ranging rights they are asking for.
The copyright holder (normally the creator of the work) has the right to -
- Publish the work in any way they see fit, as many times as they like without acknowledging the creator
- Use the work for financial gain without any additional payment to the creator (museum example: using the artwork to create vast quantities of gift shop merchandise at their site or companion sites)
- Make alterations to the artwork, or ask someone else to do so (these may be done in a way which is detrimental and there's nothing the creator can do)
- Give or sell the rights to use the artworks to third parties, such as stock libraries (Artists end up having to complete against stock illustrations. It's much cheaper to license an existing artwork than commission a new illustration.)
- Strictly speaking nobody else apart from the copyright holder is allowed to reproduce the work without permission, even the creator themselves.
Holding on to the copyright means, as creator, I retain artistic control over what my work is used for and associated with. It means that if it ends up being used for commercial reasons (e.g retail products) over and above the original commissioned purpose then I can negotiate additional payment. It means I know that my name will always be displayed along side the artwork. It is a valuable right indeed in the (often turbulent, sometimes poorly paid) world of the creative freelancer. It is a recognition of the unique and valuable contribution of individual creators.
I always try to be flexible and clear with clients, and understand that you often want to keep your options open. I normally grant clients a licence which covers educational and promotional use, giving them some flexibility, but preventing commercial use of the work without further payment, and most importantly preventing my artwork ending up in stock libraries.
Emma
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