For this research task, I was asked to look into copyright laws in the United Kingdom and investigate client charging rates. This is a topic that I have researched early on in my illustration journey. When I was discovering different illustrators I went to the 2016 World Illustration Awards exhibition in Somerset House. There was so much inspirational work, and I took note of illustrators that I liked. I inevitably started to follow them, and the Association of Illustrators (AOI) who organise the awards. It was through these channels and the conversation and tips presented that I first became aware of copyright law. I was intrigued by phrases like 'rights grab' and freelance illustrators bringing up commercial brands who almost wholesale stole their work through emulation (and why this was not illegal).
I delved into any information I could find, taking a keen interest so that I felt that I could protect myself and go into the world of illustration with my eyes open. When I started my degree, I also joined the AOI as a student member. This has been an invaluable resource for information about both copyright law and pricing. One of the first illustration books I purchased was actually "The Illustrator's Guide to Law and Business Practise" [4]. This is an invaluable book that covers law, negotiating, pricing etc. I think it's essential reading for illustrators, especially given how cut-throat social media and competitions can be for infringing or taking the rights of creators.
U.K. Copyright
I don't want to re-write Stern's book on the subject, so I will summarise the key aspects below:
Copyright is essentially the right to reproduce (copy) a creation like art or writing.
In the U.K., copyright is treated as a commodity rather than an aspect of human rights, (which is more common in Europe - also known as the Creator's Right).
When you create an illustration, you own the copyright to that illustration.
If creating physically, the physical artwork is also your possession.
Copyright lasts for the duration of the creator's life, plus 70 years.
It is not possible to copyright ideas, concepts or styles.
If someone buys your original artwork, they do not own its copyright, that still belongs to you.
For someone else to own the copyright, that copyright must be officially assigned to that party.
There are, of course, exceptions (like educational fair use) and technicalities, but they are too numerous to list here.
Most work should therefore be licensed for reproduction to clients.
Licensing
Licensing is permitting a party to reproduce a work that you have created.
When licensing, it's essential to be as specific as possible; you should cover:
How the image can be used (e.g. magazine illustration, one use, half page, colour),
Which territories the licence covers (U.K. only, Europe, Worldwide etc.),
Is the licence exclusive (will only be given to the client under terms of the licence) or non-exclusive (licence may be given to other clients under the same terms)?
The duration the client has a licence to use the image.
Licensing is also important as it informs what you should charge for the work.
Fees
Typically, basing your fees solely on time spent is an ineffective tactic. It does not encourage efficiency and timeliness and penalises expertise and experience. Fees should be calculated based on:
The extent of the licence - an illustration used in a worldwide advertising campaign is worth a lot more than one limited to the U.K. territory.
The client's profile - a big-name brand can (and should) afford to pay more for good quality work. Their means and infrastructure will realise a much greater return on investment than a small operator.
The client's budget - similar to above, if they can afford to spend more their sense of value will be different to a client with a small, tight budget. They must retain a sense of value for quality work; it is not a commodity.
Timescales - if there needs to be a quick turnaround there is an opportunity cost to the work (e.g. any other work you have in progress or planned will be impacted by taking on the work) and the client should pay more so you can compensate for that.
Your experience - the more experienced you are, the greater your selling power and ability to provide high-quality work.
Time - while this should be avoided, there may be certain engagements (like when a licence is not required and a client wants to talk through some concepts).
Expenses - the base value should cover (proportionally) your base expenses as an illustrator.
Different illustration types tend to have different base ranges, and all of the above can make pricing work quite a daunting process. Luckily the AOI provides a pricing calculator and while they cannot give advice on individual engagements, are available over the telephone and email to help you come up with your own appropriate fee structure.
When should I work for free?
When asked this question, I have always found this website extremely helpful!
Resources
Hische, J. (2011) Should I Work for Free? Available at: http://www.shouldiworkforfree.com/ (Accessed: 27 November 2024).
The AOI (2024a) Copyright assignment – resources, The AOI. Available at: https://theaoi.com/resources/copyright/copyright-assignment/ (Accessed: 26 November 2024).
The AOI (2024b) How to calculate a fee – resources, The AOI. Available at: https://theaoi.com/resources/pricing/how-to-calculate-a-fee/ (Accessed: 26 November 2024).
Stern, S. (2008) The Illustrator’s Guide to law and business practice. London: Association of Illustrators.
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