One of the main things to be aware of is what you're actually selling. There are essentially 3 different things you can sell, and they're all seperate:
1) Selling the physical object. This is fairly straightforward, you sell the buyer the board/canvas/paper/whatever, and they then own it. They do not own the right to reproduce the image.
2) Selling the limited reproduction rights. You sell the client the intellectual right to reproduce your work within a specific limited framework, for example you sell a picture to be reproduced as a magazine cover. They do not then have the right to re-use the image as a flyer, or in another magazine, or on any other product - if they wanted to re-use the image, they would have to negotiate another fee with you. They do not own the physical object, you do.
3) Selling the unlimited (sometimes called "world") reproduction rights. You sell the client the unlimited intellectual right to reproduce your work, as many times and in as many places as they see fit. They are not required to pay you another fee. They do not own the physical object, however you no longer own the right to reproduce your work, nor can you sell reproduciton rights to anyone else.
The most common one in a cartoon-type field is #2, be wary of people who try and get you to go for #3 - it's not always a bad idea, just bear in mind what it actually means. Also, remember that violating reproduction rights isn't the biggest deal in the world from a legal point of view. Unless you have a lot of money and the inclination to pursue legal cases for the principle, the only time you're likely to get anywhere in court is if someone makes a serious amount of money off of work that they don't have the right to reproduce and is clearly yours.
Last edited by exile2k4; 10-03-2005 at 01:22 PM..
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