Case scenarios

[The Dark Rayne]

Please forgive me for making kind of confusing posts lately.

While discussing case scenarios, say, if an artist doesn't grant an author rights on papers to use their work. Later on, that artist could raise a dispute saying the use is not legitimate as there is nothing in black and white with the author to prove he paid for the work and bought it.

Similarly, what are the case scenarios in which an author could grab an artist by his neck after purchasing the work. Of course an exclusive work can't be resold. For example, would you mind it if your artist sold prints of that work? (And other such scenarios)

I am a newbie in terms of working with authors and I want to play it safe.

[JDMiller]

"misuse" is entirely in the eye of the beholder and can usually be remedied by well-written and mutually agreeable contract language.

What do you consider a misuse?

[TommyJCharles]

Your last sentence is a bit confusing. Can you elaborate?

In the meantime, http://www.tineye.com/ is your friend.

[Millard]

Not sure what discussion you're trying to raise here exactly 

[Seleya]

I am confused too... If the only people in possession of an high-resolution file are you and the client and your contract is clear about what each of you can do with the image I see no chance of misuse.

I strongly advise against posting big images or relatively high-res ones on the net but that should go without saying.

Just a suggestion...but if you plan on having a career in any kind of art-related industry (and book covers are part of what is defined as 'illustration industry') it would be emotionally safer to think of the covers as 'products', if you keep that much emotional attachment to your art (as your'giving away a baby' makes me think) maybe you'd be better off in fine arts (just my 2 cents, of course)

[jillmyles]

Do you mean like people downloading it off the internet for their own usage? Because you are displaying it on your site?

My husband watermarks the heck out of his documents when he posts them to his deviant art account. That's really the only method I can think of for displaying something that you do not want someone to steal - and I don't mean like your regular watermark. I mean BIG.

Either that, or just don't display it on your website at all so it cannot be stolen.

Both are not ideal, of course, but the internet culture is one of stealing. Just like authors, you can let it make you crazy or you can ignore it.

[Seleya]

Given that most companies accepting portfolio submissions ask for links to online portfolios, watermarking the images could be really counter-productive. If one posts only web-resolution images and in places like DeviantArt un-checks the box that allows download of the file, one is reasonably safe (there's not much that can be done with a low-res image around 700px on the longest side).

I'd also recommend putting the author's name in the file name or encoding that info in the 'file info' box in Photoshop.

Googling one's own name can yeld interesting results sometimes.

[Sean Patrick Fox]

I'm not sure I understand what you mean by "misuse." Someone downloading it to use as a computer background? Apart from taking the precautions others have mentioned (watermarks, restricting downloads), there's not that much you can do. That being said, I don't really see what potential for "misuse" there is, especially for you because you no longer hold the rights.

[Ian Marks]

Renu, I admire your talent but you seem to be unclear on what it means to be a commercial artist. The simple truth is that once you convey all the rights to one of your works to another person or entity, it’s no longer your “baby,” and your feelings about it are irrelevant. The whole idea that the purchaser of those rights could “misuse” your artwork is faulty. They own it and can do whatever they want with it. It makes no sense for you to say “I need to make sure that it stays protected” about something in which you no longer have any ownership interest. It’s time to stop thinking of your artwork as something precious and start seeing it for what it is: a product.

[Seleya]

For example, would you mind it if your artist sold prints of that work? (And other such scenarios)

Don't do it ever unless it's specifically stated in the contract that you keep the right to do it, same goes for any kind of merchandising.

What we usually do working with private clients (including self published artists) is to offer them non-exclusive rights to selling prints and merchandise bearing the image, meaning that both the artist and the writer can do it. If a client wants exclusive rights to prints and such they pay more.

In work for hire, any rights that aren't specifically stated as remaining with the artist are understood as being given to the client. In a worst case scenario the client isn't even obliged to credit the artist (although almost everybody does), the author of the illustration is interpreted as the means through which the idea of the owner of the intellectual property is put on paper.

In short, don't take for granted what isn't written down.