Copyrights
For an illustrator, copyright laws are important for two main reasons:
- The first one is to protect the illustrator’s work.
- The second one is to respect the work of others when an illustrator sources some material or do their research.
It can be a complex subject, especially that we can sometimes be confronted with the law in different countries as Dan Dos Santos explains on his blog (www.muddycolors.com/2011/02/look-familiar/). He realised that his artwork had been stolen but it was used in a different country.
In both the UK and the EU, illustrators do not have to register their work; the illustration is automatically considered as the property of the author.
However, as recommended on theillustratorsguide.com (www.theillustratorsguide.com/copyright-for-illustrators/), it is a good idea to add some information about copyright on personal portfolios and websites to avoid confusion. There are still many people who believe that they can just use images from the internet if there are no obvious copyright information telling them not to do it.
When an illustrator sell their work, they usually do not sell the copyright but a licence to use the illustration, unless otherwise stipulated. It is very important to come to an agreement with the client at an early stage regarding this usage (length of time, type of use, …).
When using some material created by others, the best is to assume that copyright rules apply unless it is very clearly stipulated that the source can be used by the public for any purpose. Often an illustrator will create something unique where sources of inspiration are not recognisable but if they create some artwork using the work of a third party in an obvious way, then copyright rules have to be taken into consideration.
Rates
There is a lot of conflicting information on the internet regarding rates applied by illustrators.
One important thing to remember is that the rate will depend on many criteria:
- The way the illustration is going to be used, how often, if it is going to be viewed by a large public or not. The rule tends to be that the more often it is used and viewed, the higher the fee.
- Usage and copyright. If a client insists on owning the copyright for the illustrations, the price will be considerably higher.
- The time it takes to complete the project. It is important to be realistic about the time the project will take and see if it works financially before accepting a commission.
- The client. Some clients are more likely to have a bigger budget. If the client has a small budget, it might be worth discussing the size of the project so that it works for both the client and the illustrator.
- The illustrator’s level of experience.
- The deadline. If the client wants some work to be done urgently, this would have an impact on the rate.
One good advice I found online is to take some time before agreeing on a rate (https://www.creativeboom.com/tips/freelance-illustration-rates/).
If I had to decide on a rate for a commission, I would probably first check the AOI website. I am not a member at the moment as I am concentrating on my studies, but I consider becoming one at some point.
I would also make sure that all the terms agreed with the client are in writing and that I have had a thorough conversation with them regarding their expectations in terms of time, style, process, usage,…
Sources:
www.theillustratorsguide.com/copyright-for-illustrators/
www.muddycolors.com/2011/02/look-familiar/ rule different in US where ideally need to register
theaoi.com/resources/copyright/copyright-assignment/
theaoi.com/resources/contracts/publishing-contracts-the-basics/
https://www.creativeboom.com/tips/freelance-illustration-rates/
https://creativepool.com/magazine/workshop/how-much-should-i-charge-as-a-freelance-illustrator.24616
https://www.digitalartsonline.co.uk/features/creative-business/how-to-price-illustrations/
https://www.peopleofpublishing.com/post/how-much-does-a-children-s-book-illustrator-cost