# Freelance Artist Agreement/Contracts



## lif3clothing (Dec 12, 2009)

We are a t-shirt company that will be using different artists on a regular basis. We will be printing their designs on on t-shirts, but are not really sure on how to lay out a contract with them that states that we own their art for a price and have rights to print their work. With it being their own designs... does this complicate things? Does anyone have contract templates they can help me out with?


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## splathead (Dec 4, 2005)

Are you buying their work outright, or just to print a run of shirts? 

Will they create the artwork just for you or does it already exist?


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## lif3clothing (Dec 12, 2009)

They will create designs only for us. We still want them to own their art, but we don't want them to be able to use it to make $$$ off of the pieces they give to us to print. We are paying them so maybe we should own their art? I'm just a little confused as to how to go about this.


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## blackholedweller (Nov 29, 2009)

just go to a notary public and have them sign a document stating exactly what you want.. that will serve as a legal contract recognizing them of their work but authorizing you to own their designs... everything should be stated including the amount paid to them and you're rights for the design, that once they sign it, the artwork will be legitimately yours. But of course you'll pay for the notary public, this is the best way to do if you thing the design is worth it.


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## GetemDuck (Nov 19, 2009)

Sounds to me like you just want to own the design. No big deal, it would be like me designing a logo for a company at the end of day it's their logo not mine. I mean really if they can't reprint or re sell then the design does them no good. Just write up a contract that states that upon payment you own the final design. It will cost you a little more but you will own it, or do like we do with photographers, we sign a one year contract on photos if at the end of the year we decide we can still get more out of the photo we re up the contract for another year till we feel the photo is used up. The photographer is happy he gets paid we're happy cause we own rights for another year.

On a side note if the designer uses clip art in his work you could find similar pieces out there, I bring this up because a few years ago I came across a guy on a board designing with a clip art bundle and shirts were coming out similar due to reusing elements and people were not happy.....if you run into that I'll tell you the same thing I told those guys. Find a new designer, nothing against clip art but it does cause cookie cutter designs.


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## splathead (Dec 4, 2005)

lif3clothing said:


> They will create designs only for us. We still want them to own their art, but we don't want them to be able to use it to make $$$ off of the pieces they give to us to print.


If they are creating designs exclusively for you, then what good is it for them to continue to own the work?

You want a work for hire contract. Here is one: [media]http://www.creativebusiness.com/pdf_free/CBworkforhire.pdf[/media] 
If they still want to use the work to show in their portfolio, add this wording: 

"The Artist retains the right to reproduce the project artwork for purposes of exhibitions, compilations, promotional portfolios, and non-competing personal uses". 

This is mainly all they care about any way because they can then display the work in their portfolio and it really doesn't hurt you any. In fact, you may get free PR from it.


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## muneca (Sep 30, 2008)

[email protected](*&(&#(@(ujlhgfhgid_+(*@%&*()dfgujikolvbnmfghj


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## lif3clothing (Dec 12, 2009)

Hey Joe, do you have the link for the "Work to hire" contract? Thanks for all the input!


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## ShirtDawg (Dec 3, 2009)

I have a similar concern, who owns the work if the artist draws exactly what I tell them. My shirts will have my logo incorporated into them and I tell the artist exactly what I want. I want to own the art. I am talking to an artist now and his site says he retains ownership. If he is just creating my ideas, shouldn't I own it? Any help is greatly appreciated.

ShirtDawg


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## splathead (Dec 4, 2005)

lif3clothing said:


> Hey Joe, do you have the link for the "Work to hire" contract? Thanks for all the input!


There's a flaw in the forum software that causes links to disappear. If you click on the "Reply with Quote" link of my post, you'll see it in the text box.

Sure wish they would get this fixed.


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## GetemDuck (Nov 19, 2009)

Shirtdawg if he retains ownership then what are you paying for the simple right to use it....that better be a pretty low fee, there's no way I'd drop money on a design and risk him selling it again to someone else. Draw up a contract and have him sign it stating all ownership and rights to the design will be yours upon payment. If he doesn't sign it find your self a new designer


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## kimura-mma (Jul 26, 2008)

ShirtDawg said:


> I have a similar concern, who owns the work if the artist draws exactly what I tell them. My shirts will have my logo incorporated into them and I tell the artist exactly what I want. I want to own the art. I am talking to an artist now and his site says he retains ownership. If he is just creating my ideas, shouldn't I own it? Any help is greatly appreciated.


Designs are owned in the form of copyright. Even though the ideas are yours, you can't copyright an idea. Ownership exists once the design is in fixed form, so legally, the copyright lies with the designer. So in order to transfer ownership, it should be part of a contract you have with the designer. Since the design incorporates your logo, you should definitely insist on full ownership.


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## ShirtDawg (Dec 3, 2009)

Thanks for the input, good information.
ShirtDawg


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## artlife (Jan 15, 2010)

ShirtDawg said:


> I have a similar concern, who owns the work if the artist draws exactly what I tell them. My shirts will have my logo incorporated into them and I tell the artist exactly what I want. I want to own the art. I am talking to an artist now and his site says he retains ownership. If he is just creating my ideas, shouldn't I own it? Any help is greatly appreciated.
> 
> ShirtDawg


I realize this is a month ago but people need to understand this issue. Work for hire means you own the rights to the art you paid for. If you hire an artist to do a design for you then you own the work, period. The artist could have the work as part of their portfolio but that is it unless you made some other specific agreement. Copyright issues in works for hire are very clear. Whether you are a full time employee doing artwork or a freelancer getting paid by the job it is the same thing, you have no rights to work you have been paid to create. That artist you were talking to wants to have his cake and eat it too.


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## in2infinity (Dec 8, 2009)

Artlife's got it right ... make sure you have a "work for hire agreement" ... if you google that you should find some basic templates. If you want something iron clad you can always consult an attorney. 

These agreements are so commonplace I can't imagine a freelancer not agreeing to it.... at least not one that actually wants to work. If you have someone that won't agree to it, shop the job around, there are a lot of good people that don't have problems with such agreements.

Remember ... if you are a company who's very existence is based on specific content then you really don't have a company if you don't OWN that content. Ask the new owners of Skype how owning a company without owning the content works out.


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## artlife (Jan 15, 2010)

in2infinity said:


> Artlife's got it right ... make sure you have a "work for hire agreement" ... if you google that you should find some basic templates. If you want something iron clad you can always consult an attorney.
> 
> These agreements are so commonplace I can't imagine a freelancer not agreeing to it.... at least not one that actually wants to work. If you have someone that won't agree to it, shop the job around, there are a lot of good people that don't have problems with such agreements.
> 
> Remember ... if you are a company who's very existence is based on specific content then you really don't have a company if you don't OWN that content. Ask the new owners of Skype how owning a company without owning the content works out.


It's not even a question of "ironclad". This is established law and you just need a simple agreement for services. Any freelance work I do is simply invoiced and sometimes 1099'd as well and there is no contract signing or any stuff like that. Alot of people are not going to want to jump through hoops like that. Any freelancer who does not understand this basic tenet should go paint in an attic.


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