Visual Artists Can Make Money Too

I’M A GRAPHIC ARTIST. A LOCAL BAND HAS OFFERED TO PURCHASE ONE OF MY WORKS TO USE AS THEIR ALBUM COVER. DO I HAVE TO ASSIGN ALL RIGHTS IN MY WORK TO THEM?

In my last column, I briefly mentioned the issues that can arise when a band wants to acquire an image from the artist. I received some emails from visual artists asking how they can protect their legal interests when selling their work to a band. So I thought I would further address the issue from the visual artists’ perspective.

I have always advised my band clients to pay the artist a lump sum of money in exchange for all copyrights and uses of the image. The main reason is because if the band assigns the record to a label, the label will want to own the attached artwork as well. This flat-fee system is a good deal for the band, but not necessarily for the artist. In addition to using the image for album art, there is merchandise and promotional materials. If you sold your work to a band for $500 and you see it on records, t-shirts, buttons, stickers and posters, you got the short end of the deal. If you do choose to assign all rights for a flat fee, at least request the continued right to display the work as part of your portfolio and/or website.

A slightly better option would allow you to assign all rights in the work to the band, but get paid if the work is used on band merchandise. For example, you can receive a sum of money for every 500 pieces of merchandise sold, which contain your work. To further protect yourself, you can insert a provision in the agreement that allows you to request an accounting of the band’s finances. This allows you to verify how much merchandise containing your work was actually sold.

In lieu of assigning your work to the band, there are options that allow you to retain copyright ownership. You can grant the limited right to the band to use your work only in connection with the sale, promotion and distribution of their musical recordings. You would retain the right to use the work for all other purposes. This would allow you to place the image on coffee mugs or other non-band related items. You just wouldn’t be able to license use of the work to another band.