Licensing & Copyright

COPYRIGHT

The copyright on any of my original paintings is under my control. An artist does not have to register their work in any way (unless it is being reproduced as multiples) and retains the rights to usage of the images even after selling the original painting.

Use of any images from this website is not allowed without written consent of the artist.

For more information on Canadian Copyright check out CARFAC

LICENSING

The agreement between an artist and a client who wants to use an image for a specific purpose is called licensing. A contract is written up that specifies the usage on itemized product for a specific term. For instance :

A flower painting image is used by a giftware manufacturer for printed placemats, magnets and paper napkins. The agreement allows him to use the image for 2 years and gives him priority to re-contract after that time. The company pays a usage fee for each product created, either as an up front payment or as royalties (a % of the sale price)

Another client wants to make printed ceramic mugs with the same painting image. If this product is not in conflict or duplication of the other usage agreements, that is allowed. If the mugs prove to be a good selling design – the client can expand the product line by paying extra usage fees to the artist for each product – ie: vases, plates and trays.

In the USA there is a huge marketplace and use for licensing. There are annual trade shows and licensing agencies represent the artists, and handle the contractual agreements and flow of royalties. Imagine all the products made with Mickey Mouse. From pencils to posters to hats with ears. Disney retains the rights…and each individual manufacturer pays for the usage.

I will attach a Licensing agreement_sample to give the best idea of the details.