[KSho]

Hi everyone!

I just want to start off by saying that I'm very new to doing collaborations and working with a client by contract. We are both actually new with this kind of thing (with her being the writer and me being the illustrator) in regards with writing a contract. It's for a children's book.

There was one part of it that kind of rubbed me the wrong way and I wanted your opinion on its fairness and what not. To take the words exactly it's:

"There's no commitment from the author to pay the artist for any books sold."

Let's say the books make a noticeable profit. I would not receive one cent from it. Would it be fair if I asked for a percentage of the sales, if only for a limited time? Or is that normal?

I would really like any info or experience from someone who has been in this situation.

Thank you!

[Zentrope]

Make sure you read the contract carefully as they often will have clauses to specify that they supersede your own terms of work. If it's not there then whatever the clause is stating is the final say!
And if the author is willing to pay some extra for this then it's just a grace or goodwill he/she is doing.(you cannot question anything)

Just read the following and be thorough on contract clauses!

Who owns the actual copyright for work you provide at the end of the project?
Do you own the copyright?
Are you simply selling a license to use the work?
Or is the client buying full rights on everything you produce?
What about work that is not used in the final product?
Ownership before and after payment?
Does the client/partner own the right to use your work before they have paid the bill?
Your rights and responsibilities and their rights and responsibilities?


Hope this helps

[KSho]

First of all, thank you so much for taking the time out to answer my question zen!

I actually sat back and thought over the conditions of the contract and realized that she has to make a profit too. She is the one who is putting more time into the project and the one who is pulling in resources, especially financially, to get her book out there. I'm just part of her resource. Of course she and I both know I'm not working for free and she did offer a starting, flat sum that she would pay.

Also, those are some great questions there and I plan on asking those very ones at our next meeting! Thank you for that!

If anyone else has anything to add, I'm all ears as I'm still looking for advice!

[amileduan]

Actually,this is a common situation in my country. Clients hire illustrators for their covers or somethings, which means that they have already bought the copyrights of your illustrations by paying money,so the profits of books are none of your business.
Is this also your situation now?

[KSho]

Yes, amil, that is my situation. I would like to say again that I'm new at this so I wasn't sure about that part. I now understand how the partnership works in that regard.

Thanks for the reply!

[arttorney]

Your profile says you are in Florida. Does United
States law apply? What state is the state law that applies (if the answer to question 1 is "yes").