# How to buy complete rights to artistic work



## AddictedArt (Jul 20, 2012)

Hello All!

I am starting my own Tshirt business. I have really great ideas but to create many of these ideas I am going to need the services of a graphic designer/good artist.

My question:
How do I purchase ALL the rights to the graphic work of someone else? I was thinking of going to my local university/art school and posting advertisements for someone skilled to create the necessary graphic designs.

Ideally, I would like to find a skilled/starving artist and essentially pay him/her for the effort and time, but then I want to own the work COMPLETELY.

What sort of contract do I need to create in order to have all of the rights to the graphic design created?

THANKS! MUCH APPRECIATED FOR READING THIS POST!


----------



## Riderz Ready (Sep 18, 2008)

You are in luck as there is such a glut of talented graphic artist you will have no issues. We use outside resources on an on-going basis whenever we are falling behind. The type of artwork will effect the price of a design but we never pay more than $75 per.

Best of luck


----------



## AnthemsAnchors (Apr 8, 2011)

If you're paying them to create your idea, what is created is yours. It's your idea, they're just executing it.


----------



## Preston (Mar 21, 2006)

Get it all in writing that you will own full rights because there are artist out there that will take your money and still claim copyright on your concept you hired them to bring to life and the copyright laws allow them to do this unless you have it in writing that you get all rights.


----------



## sullyman (Jan 11, 2011)

AnthemsAnchors said:


> If you're paying them to create your idea, what is created is yours. It's your idea, they're just executing it.


Be careful though

If not specified by a contract; if you give a designer "your" idea and he/she executes the work, the work belongs to the designer unless proven else wise by a contract. It's happened before, someone argues that the idea was their without any proof and wound up getting the short end of the stick.

Most people don't recognize the reality that good designs/designers charge a fee for their client to retain the rights to the work. That's why good designers rates can be so high. the client ends up going for the cheaper designer and then it bites them in the *** when rights management isn't brought up.


----------



## kimura-mma (Jul 26, 2008)

AnthemsAnchors said:


> If you're paying them to create your idea, what is created is yours. It's your idea, they're just executing it.


This is not correct.

Ideas cannot be owned as intellectual property. The execution of the idea can be owned as IP. When in doubt, the actual creator of the artwork will be granted legal rights.

That said, if someone is paying a designer to create artwork, they should have a signed written contract that specifies the transfer of copyright upon payment. This is commonly known as a "work for hire" agreement. This is very important for people who want to retain rights to artwork they have commissioned. Without the agreement, the designer could have a legal claim to their work, even if the idea is not originally their own.


----------



## dot-tone (Jun 19, 2008)

AnthemsAnchors said:


> If you're paying them to create your idea, what is created is yours.


FALSE.



> It's your idea, they're just executing it.


FALSE again.


It's similar to a shop owner paying his employee to create some art for his customer. Customer pays you an art fee. Whatever price that may be, name it. You print the order and next month, he says, I want my art now. I want the art and color seps on a disk. I'm headed over to someone else for the reorder cuz they are cheaper. You say what? Are you not sure what to say? Let me help.

You say,_ I'm sorry, the art fee you paid for is for the labor involved in executing the art needed to produce this order. Art fee is not for you to "own" the art. Just for the service labor. _ It's identical to a screen charge. You don't want to give them your screens after they pay a screen fee do you? How about the film fee? Give them the films for the next printer as well.  Sure, that'l go over well with your accounting department.

Now, if you want the art to do as you please, you will need to purchase full and complete rights to own that art. That will be X amount of money. Now, newbies and small shops that are uneducated in the art ownership and fair market value of art may practically give it away and say,_ Oh, you can have it for another $20.00" _ this might be in hopes that you can keep a good relationship with that guy who is crapping on your face.

A typical practice for professional artist who handle doing art (as if it's a business), imagine that! Anyhow, a more seasoned artist who knows about art as a business will take the general labor price, (lets say it's $100.00 for some basic spot color vector file) That artist might sell full and complete rights at 3 times the fair market value. You say WHY is that? Well, it's because art can be re-sold hundreds of times in various ways. I can sell limited rights for each item of calendars, coffee mugs, magnets, tee shirts etc. In addition, I can sell that art for a limited time on each one of those items.

If you want to purchase all rights from me, it's not really smart business for me to sell it to you for $20.00 right? Yeah, I know. most young starving artist do this every day in this industry. It's ran wild on the net. Oh well. I can't save a world of artist. So, a way for you to have full rights is to settle on a fair amount (a mutual agreement) that will help cover lost income from years of selling rights to that art. Typically, this is 3 times the normal rate. So if it was generally worth $100.00 for your production order and you want to own it for even more orders for other customer and you want to use it hoever you want, the normal rate is 3 times that. So, we are looking at $300.00 to own full rights. All that is needed technically is an email stating that you both understand what is being sold (you need to spell it out). It can not be as vague as saying, (I'm buying this art in full). You need to spell out the details of the purchase (as in types of ownership) and you both agree to the price. 

Selling art is all about "agreements". Sure, it's possible that you can swipe the art from under an unsuspecting young "starving artist" for $20.00. Is is ethical? no. Is it legal? Sure is, if you get them to agree to it. Thats the kicker. You need THEM to agree to it. You can steel the art right from them if they don't know more.

Now, be aware that you cannot do what many assume. Many will assume that once they pay someone oh, $20.00 or $100.00 or even $500.00 that they own it. Nope. you need to settle up in a written agreement to state the exact sale. What is being sold? Typically, you want full and complete rights. This makes the art belong to you. The reason I state that you need to spell everything out is because an artist had the option to sell many different types of "usage' rights aka limited rights.

By now, you're saying, _I just wanna print some friggen tee shirts and need art to do it._

Again, you could use the art all you want and you can "assume" you own all rights and say "Piss on that artist and his rights". You would be like some other lowlifes I've ran into in this industry. Not all and not the majority, but like everywhere else, we got them here.

Just because you state that you own the art cuz you paid for it, does not grant you the ownership. Read your copyright laws at U.S. Copyright Office

Similar to how I illustrated the example above, when you pay for art, to a freelance artist, you are not paying for the rights to own it. You say, Well, it was all my idea. Sure it was your idea in a cloud in your head. It was not tangible until an artist creates something of the "thought" you had. So really, what you started with in your possession is actually a puff of "ideas" in your head that you cannot smell, see or feel. You cannot take it somewhere and show it. You cannot sell it. People can't see how great it is. Now, once it's created, the law states that anyone who is the "creator' of something is the owner. Not the "thoughter upper", but the creator. So, now you know who owns the art once created. Again, you might say, well, I am the one paying for the service. Yes. from the get go, the $ you pay for tee shirt art is for a service (for the labor of creative that for you) to use on this specific tee shirt order.

Now, technically, it goes on and on and deeper and deeper but luckily for most everyone in this industry, the real world of the art business is not carried over into the apparel printing world and we have many who prefer to keep it that way so they can reap more profits. They get mad when I talk like this. It educated some artist and they think they will have to pay more. Of course, we all want profits. It's how it works. You are in business, creating a service for your customer to make a good living. So are artist. So are ink manufacturers and press makers.

Ok. Enough of that. Sheeesh.


----------

