Hi, there!
I'm trying to do some research on how commercial art commissions work and am still very confused about it. Especially the contracts, copyrights and legality of it. Is there somebody who does this and would be able to explain some of it to me? I'd be very grateful!
The purpose of this - I want to one day commission some artist with a set of characters from my book that I hope to get traditionally published. I would like to commission this art with the purpose of advertising the book on social media, making bookmarks and prints to add to pre-orders, stuff like that. I suppose there would be no royalties because it isn't technically selling and would make no money, but the purpose of it is commercial, isn't it?
So, anyway, if anybody here is knowledgeable in this or has experience, do let me know please! I'd be eternally grateful. ♥
I'm trying to do some research on how commercial art commissions work and am still very confused about it. Especially the contracts, copyrights and legality of it. Is there somebody who does this and would be able to explain some of it to me? I'd be very grateful!
The purpose of this - I want to one day commission some artist with a set of characters from my book that I hope to get traditionally published. I would like to commission this art with the purpose of advertising the book on social media, making bookmarks and prints to add to pre-orders, stuff like that. I suppose there would be no royalties because it isn't technically selling and would make no money, but the purpose of it is commercial, isn't it?
So, anyway, if anybody here is knowledgeable in this or has experience, do let me know please! I'd be eternally grateful. ♥
In situations like this, royalties generally don't happen.
An artist will usually charge a higher than average fee called a commercial rate because you will be directly profiting off their work. Even if you aren't selling it, you'd be using it in advertisements in an attempt to make sales. Commercial rates will vary from artist to artist. You aren't a big corporation expecting to get hundreds of thousands of sales, so the additional charges shouldn't be excessive. Just explain the artist you choose to work with how to plan to use their work and you should be able to negotiate a fair rate.
An artist will usually charge a higher than average fee called a commercial rate because you will be directly profiting off their work. Even if you aren't selling it, you'd be using it in advertisements in an attempt to make sales. Commercial rates will vary from artist to artist. You aren't a big corporation expecting to get hundreds of thousands of sales, so the additional charges shouldn't be excessive. Just explain the artist you choose to work with how to plan to use their work and you should be able to negotiate a fair rate.
I forgot commercial rates are a thing. I'm sure you can find someone who's willing to work with you if you put your best foot forward! 😁
I guess artists are freelancers first and foremost 🤔 some of them have set rates, so I would say you could visit patreon and ko-fi and stuff to see if there are any prices you can afford for things like lineart, extra characters in one shot, that sort of thing, and figure out what your budget is.
But uh, as far as I know, as long as you give credit to the artist thoroughly and have paid them their commission or whatever (unless you have someone working by the hour or something, I'm not sure how that would work lol), then the art is yours, you've bought their professional services as an artist and now own that product that they worked on. Depending on how notable they are they'll probably put the art up on their page or wherever, and show off their beautiful work, but I've only seen people do that as "a commission I did recently", or "I worked with such and such artist/D&D player/con cosplayer to produce this concept for them", so as long as you discuss it and pay through official/non fraudulent channels I think you should be okay...
There are probably more details lol. Uuuuuh, not everyone has the same rates! Ah, yeah, and commercial artist thingy. Probably important!!! Just make sure you don't get swindled or swindle anybody. LOL.
I'm interested in the book! Good luck! I hope your characters turn out cool 😊😊😊
I guess artists are freelancers first and foremost 🤔 some of them have set rates, so I would say you could visit patreon and ko-fi and stuff to see if there are any prices you can afford for things like lineart, extra characters in one shot, that sort of thing, and figure out what your budget is.
But uh, as far as I know, as long as you give credit to the artist thoroughly and have paid them their commission or whatever (unless you have someone working by the hour or something, I'm not sure how that would work lol), then the art is yours, you've bought their professional services as an artist and now own that product that they worked on. Depending on how notable they are they'll probably put the art up on their page or wherever, and show off their beautiful work, but I've only seen people do that as "a commission I did recently", or "I worked with such and such artist/D&D player/con cosplayer to produce this concept for them", so as long as you discuss it and pay through official/non fraudulent channels I think you should be okay...
There are probably more details lol. Uuuuuh, not everyone has the same rates! Ah, yeah, and commercial artist thingy. Probably important!!! Just make sure you don't get swindled or swindle anybody. LOL.I'm interested in the book! Good luck! I hope your characters turn out cool 😊😊😊
Claine wrote:
In situations like this, royalties generally don't happen.
An artist will usually charge a higher than average fee called a commercial rate because you will be directly profiting off their work. Even if you aren't selling it, you'd be using it in advertisements in an attempt to make sales. Commercial rates will vary from artist to artist. You aren't a big corporation expecting to get hundreds of thousands of sales, so the additional charges shouldn't be excessive. Just explain the artist you choose to work with how to plan to use their work and you should be able to negotiate a fair rate.
An artist will usually charge a higher than average fee called a commercial rate because you will be directly profiting off their work. Even if you aren't selling it, you'd be using it in advertisements in an attempt to make sales. Commercial rates will vary from artist to artist. You aren't a big corporation expecting to get hundreds of thousands of sales, so the additional charges shouldn't be excessive. Just explain the artist you choose to work with how to plan to use their work and you should be able to negotiate a fair rate.
oh! yeah, that does make sense. Thank you! Sounds like you know a lot about this. Can I ask about what contracts are in place for a commission like this if you know? I've done commissions from artists before but it was for personal use, so the max I got was a paypal invoice, but if it's commercial, I'm guessing there's a bit more to it 🤔
Shinyrainbowlithogra wrote:
I forgot commercial rates are a thing. I'm sure you can find someone who's willing to work with you if you put your best foot forward! 😁
I guess artists are freelancers first and foremost 🤔 some of them have set rates, so I would say you could visit patreon and ko-fi and stuff to see if there are any prices you can afford for things like lineart, extra characters in one shot, that sort of thing, and figure out what your budget is.
But uh, as far as I know, as long as you give credit to the artist thoroughly and have paid them their commission or whatever (unless you have someone working by the hour or something, I'm not sure how that would work lol), then the art is yours, you've bought their professional services as an artist and now own that product that they worked on. Depending on how notable they are they'll probably put the art up on their page or wherever, and show off their beautiful work, but I've only seen people do that as "a commission I did recently", or "I worked with such and such artist/D&D player/con cosplayer to produce this concept for them", so as long as you discuss it and pay through official/non fraudulent channels I think you should be okay... There are probably more details lol. Uuuuuh, not everyone has the same rates! Ah, yeah, and commercial artist thingy. Probably important!!! Just make sure you don't get swindled or swindle anybody. LOL.
I'm interested in the book! Good luck! I hope your characters turn out cool 😊😊😊
I guess artists are freelancers first and foremost 🤔 some of them have set rates, so I would say you could visit patreon and ko-fi and stuff to see if there are any prices you can afford for things like lineart, extra characters in one shot, that sort of thing, and figure out what your budget is.
But uh, as far as I know, as long as you give credit to the artist thoroughly and have paid them their commission or whatever (unless you have someone working by the hour or something, I'm not sure how that would work lol), then the art is yours, you've bought their professional services as an artist and now own that product that they worked on. Depending on how notable they are they'll probably put the art up on their page or wherever, and show off their beautiful work, but I've only seen people do that as "a commission I did recently", or "I worked with such and such artist/D&D player/con cosplayer to produce this concept for them", so as long as you discuss it and pay through official/non fraudulent channels I think you should be okay...
There are probably more details lol. Uuuuuh, not everyone has the same rates! Ah, yeah, and commercial artist thingy. Probably important!!! Just make sure you don't get swindled or swindle anybody. LOL.I'm interested in the book! Good luck! I hope your characters turn out cool 😊😊😊
haha thank you so much! that's a lot of info to take in but I'm taking it in
I've already approached an artist whose style I love and she said she would be willing to do it but has never done a commercial commission and me neither so I'm trying to find out more about it so I can do it properly without accidentally swindling her
As someone who's done commercial pieces, it can vary from job to job!
For bigger companies, I'll try to get a set cost and percentage of sales, especially if the art is a big part of the product (book illustrations, comics, patterns for clothing and accessories, etc.). The exception for this is pieces that can't be part of sales, such as business cards, graphic design, or concept art.
For smaller business/independent artists, I tend to do a lower upfront cost (but still a bit more than personal use commissions, usually 2-4x more), and a percentage of sales for things which is the art is a major feature. I would include character art for bookmarks and prints part of that, and would need the commissioner to factor in a percentage of the preorder book sales.
At the end of the day there really is no hard rule for it, most of it is a discussion and what the artist is willing to do. I've charged significantly less to small businesses in exchange for discounts from their store, for example.
Now paperwork and copyright laws will vary depending on where you are and where your artist is. It definitely requires some research on both your ends.
For bigger companies, I'll try to get a set cost and percentage of sales, especially if the art is a big part of the product (book illustrations, comics, patterns for clothing and accessories, etc.). The exception for this is pieces that can't be part of sales, such as business cards, graphic design, or concept art.
For smaller business/independent artists, I tend to do a lower upfront cost (but still a bit more than personal use commissions, usually 2-4x more), and a percentage of sales for things which is the art is a major feature. I would include character art for bookmarks and prints part of that, and would need the commissioner to factor in a percentage of the preorder book sales.
At the end of the day there really is no hard rule for it, most of it is a discussion and what the artist is willing to do. I've charged significantly less to small businesses in exchange for discounts from their store, for example.
Now paperwork and copyright laws will vary depending on where you are and where your artist is. It definitely requires some research on both your ends.
Chrove wrote:
As someone who's done commercial pieces, it can vary from job to job!
For bigger companies, I'll try to get a set cost and percentage of sales, especially if the art is a big part of the product (book illustrations, comics, patterns for clothing and accessories, etc.). The exception for this is pieces that can't be part of sales, such as business cards, graphic design, or concept art.
For smaller business/independent artists, I tend to do a lower upfront cost (but still a bit more than personal use commissions, usually 2-4x more), and a percentage of sales for things which is the art is a major feature. I would include character art for bookmarks and prints part of that, and would need the commissioner to factor in a percentage of the preorder book sales.
At the end of the day there really is no hard rule for it, most of it is a discussion and what the artist is willing to do. I've charged significantly less to small businesses in exchange for discounts from their store, for example.
Now paperwork and copyright laws will vary depending on where you are and where your artist is. It definitely requires some research on both your ends.
For bigger companies, I'll try to get a set cost and percentage of sales, especially if the art is a big part of the product (book illustrations, comics, patterns for clothing and accessories, etc.). The exception for this is pieces that can't be part of sales, such as business cards, graphic design, or concept art.
For smaller business/independent artists, I tend to do a lower upfront cost (but still a bit more than personal use commissions, usually 2-4x more), and a percentage of sales for things which is the art is a major feature. I would include character art for bookmarks and prints part of that, and would need the commissioner to factor in a percentage of the preorder book sales.
At the end of the day there really is no hard rule for it, most of it is a discussion and what the artist is willing to do. I've charged significantly less to small businesses in exchange for discounts from their store, for example.
Now paperwork and copyright laws will vary depending on where you are and where your artist is. It definitely requires some research on both your ends.
i see! thank you! this was very helpful! ♥
My advice as a person who has spent time working with commercial art from social media marketing, promotional flyers, and merchandise creation is:
Be upfront with the artist about how the art will be used, not only because it's the right thing for commercial use but also because your needs include things a personal use commission may not require. These are wild guesses, as I'm not sure what type of art, style, or subject matter you'll be seeking, or what you'll be placing it on. The artist will probably know best how to meet those needs!
With merch and social media, it'd be important to have full-size and high-resolution versions scaleable to fit different products and digital format sizes while still looking nice. Transparent background versions and layered versions as well depending on style and content, so that it blends nicely in any setting and looks organic. That can mean removing masks and layers, adjusting light sources, or adding integrity outlines for a smoother appearance on other backgrounds and products.
This equates to more work for an artist than most personal use commissions would need. That fee is understandable! This is a small price to pay for ease of utility with an asset over a long time. Trust me. (I once spent 10 hours fixing someone's logo. Deconstructing a merged product piece by piece into layers and hunting the fonts down like I was in the CIA.)
If fonts are present, you may need the font in the future. Ask them about font choices/options/ideas ahead of time, and make sure that it's a font that is still available for commercial use (or purchase, depending). Once you have that settled and agreed upon, download it immediately, and save a backup copy somewhere too.
OH ALSO, you should take care to maintain copies of any terms and agreements present on their site or as sent to you, as well as negotiations and transaction invoices. I save and print these.
I hope this ramble was helpful!
Be upfront with the artist about how the art will be used, not only because it's the right thing for commercial use but also because your needs include things a personal use commission may not require. These are wild guesses, as I'm not sure what type of art, style, or subject matter you'll be seeking, or what you'll be placing it on. The artist will probably know best how to meet those needs!
With merch and social media, it'd be important to have full-size and high-resolution versions scaleable to fit different products and digital format sizes while still looking nice. Transparent background versions and layered versions as well depending on style and content, so that it blends nicely in any setting and looks organic. That can mean removing masks and layers, adjusting light sources, or adding integrity outlines for a smoother appearance on other backgrounds and products.
This equates to more work for an artist than most personal use commissions would need. That fee is understandable! This is a small price to pay for ease of utility with an asset over a long time. Trust me. (I once spent 10 hours fixing someone's logo. Deconstructing a merged product piece by piece into layers and hunting the fonts down like I was in the CIA.)
If fonts are present, you may need the font in the future. Ask them about font choices/options/ideas ahead of time, and make sure that it's a font that is still available for commercial use (or purchase, depending). Once you have that settled and agreed upon, download it immediately, and save a backup copy somewhere too.
OH ALSO, you should take care to maintain copies of any terms and agreements present on their site or as sent to you, as well as negotiations and transaction invoices. I save and print these.
I hope this ramble was helpful!
Mina wrote:
My advice as a person who has spent time working with commercial art from social media marketing, promotional flyers, and merchandise creation is:
Be upfront with the artist about how the art will be used, not only because it's the right thing for commercial use but also because your needs include things a personal use commission may not require. These are wild guesses, as I'm not sure what type of art, style, or subject matter you'll be seeking, or what you'll be placing it on. The artist will probably know best how to meet those needs!
With merch and social media, it'd be important to have full-size and high-resolution versions scaleable to fit different products and digital format sizes while still looking nice. Transparent background versions and layered versions as well depending on style and content, so that it blends nicely in any setting and looks organic. That can mean removing masks and layers, adjusting light sources, or adding integrity outlines for a smoother appearance on other backgrounds and products.
This equates to more work for an artist than most personal use commissions would need. That fee is understandable! This is a small price to pay for ease of utility with an asset over a long time. Trust me. (I once spent 10 hours fixing someone's logo. Deconstructing a merged product piece by piece into layers and hunting the fonts down like I was in the CIA.)
If fonts are present, you may need the font in the future. Ask them about font choices/options/ideas ahead of time, and make sure that it's a font that is still available for commercial use (or purchase, depending). Once you have that settled and agreed upon, download it immediately, and save a backup copy somewhere too.
OH ALSO, you should take care to maintain copies of any terms and agreements present on their site or as sent to you, as well as negotiations and transaction invoices. I save and print these.
I hope this ramble was helpful!
Be upfront with the artist about how the art will be used, not only because it's the right thing for commercial use but also because your needs include things a personal use commission may not require. These are wild guesses, as I'm not sure what type of art, style, or subject matter you'll be seeking, or what you'll be placing it on. The artist will probably know best how to meet those needs!
With merch and social media, it'd be important to have full-size and high-resolution versions scaleable to fit different products and digital format sizes while still looking nice. Transparent background versions and layered versions as well depending on style and content, so that it blends nicely in any setting and looks organic. That can mean removing masks and layers, adjusting light sources, or adding integrity outlines for a smoother appearance on other backgrounds and products.
This equates to more work for an artist than most personal use commissions would need. That fee is understandable! This is a small price to pay for ease of utility with an asset over a long time. Trust me. (I once spent 10 hours fixing someone's logo. Deconstructing a merged product piece by piece into layers and hunting the fonts down like I was in the CIA.)
If fonts are present, you may need the font in the future. Ask them about font choices/options/ideas ahead of time, and make sure that it's a font that is still available for commercial use (or purchase, depending). Once you have that settled and agreed upon, download it immediately, and save a backup copy somewhere too.
OH ALSO, you should take care to maintain copies of any terms and agreements present on their site or as sent to you, as well as negotiations and transaction invoices. I save and print these.
I hope this ramble was helpful!
Hi! Thank you so much, this is super useful and a lot to think about!
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