GCU Forum - Do I need to license my own images....

GCU Newbies
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Posts: 12

Do I need to license my own images....
Mar 30^th, 2013, 2:46am

...in order to sell them? I am developing my website ....drawfull.com with a view to selling individual images, and creating children's illustration books, ebooks etc, etc.
I only published the site 9 or 10 days ago, so there's a long way to go.
I'm not sure how to copywrite ( I know it's automatically the artists on creation ) officially, or how to grant an extended license to a buyer. The artwork are from zillions of doodles I've been doing for years, now redoing them to be more commercially useable.
So, do I just add text on my site stating that these images may be used as per an Extended License, or is there a more formal procedure I must follow?
Although I haven't added any cards to my shop for a while, ( sorry, review frustration Wink

) I thought this was the best place to ask this, and there doesn't seem to be anything made clear on this subject readily available.
Thanks in advance.

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« Last Edit: Mar 30^th, 2013, 4:27am by Paul_142345 »

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Susan_142450

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Posts: 522

Re: Do I need to license my own images....
Reply #1 - Mar 30^th, 2013, 6:02am

YOU don't need a license for your own work. It is different than copyright - which, yes, you already have. IF you want you can register your work with the US Copyright office. It is a fairly simple form and there is a fee. Often people do not realize that they can register a body of work or a group of items, paintings, drawings, sketchbook together at the same time. Copyright doesn't cover color, so there is no need for color copies. You can find out more information here: http://www.copyright.gov (Ain't the internets grand? I remember when this info was like a mystery, you had to go to the library, research it, take a bunch of classes, etc!)

A license is something YOU grant to someone who wants to use your art. Licensing can be a high lucrative way to leverage your art/photography.
YOU don't license your work UNLESS you are granting someone else the right to use it.
Google: how to license my artwork - brings up a lot of sources. Artist Tara Reed has a great site that explains everything http://artlicensingblog.com.

Yes, there should be a written agreement - there are boilerplate contracts for this.

I took a class with a woman who had licensed her art for all sorts of things. Her advice was - only sell someone the rights they need. In other words lets say a manufacturer wanted to buy the rights to put your picture of a rose on bed sheets, curtains & towels. Sell them THAT license specifically. They may give you a contract that says "all printing rights for 10 years." They don't need ALL rights all they make is the towels & curtains & sheets. ANd they don't need 10 years - 3 or 5 will probably do. In some cases your grant a license and there is a percent of sales agreement as well. Think Disney.

Have a look at some stock photo places like istock & shutterstock and see what their contracts look like.

Hope this points you in a good direction - Good luck!

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Paul_142345

GCU Newbies
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Posts: 12

Re: Do I need to license my own images....
Reply #2 - Mar 30^th, 2013, 9:05am

Hi sue
Thanks for your quick reply, and the link to a very informative site.
I can't see any info though, on how I would acquire, or if I already have, the authority to grant a License for my artwork.
I am hoping to sell directly from my site via Paypal Buy Now buttons
I can't see how It would be practical for a buyer to pay this way, if they have to enter into a written contract each time. I mean suppose they returned some time later, for a different image?

Would it not suffice for me to make it clear on my site that all images are sold under the terms of a particular license?
Forgive my ignorance, but I'm completely new to this aspect of things.
Again, thanks in advance, Paul

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Doreen_137017

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Posts: 5328

Re: Do I need to license my own images....
Reply #3 - Mar 30^th, 2013, 9:11am

Quote from Paul_142345 on Mar 30^th, 2013, 9:05am:

Hi sue
Thanks for your quick reply, and the link to a very informative site.
I can't see any info though, on how I would acquire, or if I already have, the authority to grant a License for my artwork.
I am hoping to sell directly from my site via Paypal Buy Now buttons
I can't see how It would be practical for a buyer to pay this way, if they have to enter into a written contract each time. I mean suppose they returned some time later, for a different image?

Would it not suffice for me to make it clear on my site that all images are sold under the terms of a particular license?
Forgive my ignorance, but I'm completely new to this aspect of things.
Again, thanks in advance, Paul

Paul,

You are confusing selling your own artwork, which does not require a license, but MAY require a Resale License depending on where your live (you would need to pay the gov sales tax vs. GCU/Zazzle etc. paying it for you when you sell with them) ... and

Licensing your work for others to sell. Art Licensing is a whole different field artists and get into where a publisher/agent has you the artist sign a contract to license your art on a manufacturer's product, such as linens, greeting cards, wrapping paper, etc.

No customer shopping on your site need do anything but pay you for a copy of your work. You then need to look into the requirements in your own state as to whether you need to have a Business License and/or a Resale License ... none of us can answer that for you.

Make sense?

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Paul_142345

GCU Newbies
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Posts: 12

Re: Do I need to license my own images....
Reply #4 - Mar 31^st, 2013, 1:00am

Hi Doreen ,
Thanks for your reply. Thinking over what you and Sue have pointed out, yes, it does make sense. So, if I took no further action, and continued to sell as things are, I would of course retain copywrite, be required to deal with tax issues, but have no right to add restrictions on their use until I have taken whatever steps are needed regarding licensing my work for resale by others?
Does that sound about right?
Thanks, Paul

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Susan_142450

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Posts: 522

Re: Do I need to license my own images....
Reply #5 - Mar 31^st, 2013, 5:35am

Quote from Paul_142345 on Mar 31^st, 2013, 1:00am:

Hi Doreen ,
Thanks for your reply. Thinking over what you and Sue have pointed out, yes, it does make sense. So, if I took no further action, and continued to sell as things are, I would of course retain copywrite, be required to deal with tax issues, but have no right to add restrictions on their use until I have taken whatever steps are needed regarding licensing my work for resale by others?
Does that sound about right?
Thanks, Paul

I really think you should access the sources suggested and read them carefully. I would also suggest the Graphic Artist's Guild Handbook (although good luck asking their prices!).

No one has the right to use your work without your permission. Ever. You have the right to grant permission and sell rights to anything YOU want. I would look at some examples of contracts.

I'm not clear what Doreen means about a resale license. I/you are not "re-selling" something we created (drawing painting photo). Do you mean a Tax-id number? The issue about tax-id and DBAs and corporations is a whole huge subject, better discussed with a professional tax person or a lawyer. Most people do not have to worry about things like that. I use my own ss number and i've been a freelancer for over 15 years & have been told that incorporating is simply not necessary - this by a insanely nit-picking, ocd accountant - who, trust me - would NEVER let me do anything that'd get me in trouble!

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Paul_142345 GCU Newbies artist Posts: 12	Re: Do I need to license my own images.... Reply #6 - Mar 31^st, 2013, 6:49am Thanks again Sue, I'll have to speak to my accountant about it, in the meantime, time to get the coffee on and start reading.... Paul
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Doreen_137017

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Posts: 5328

Re: Do I need to license my own images....
Reply #7 - Mar 31^st, 2013, 8:17am

Quote from Susan_142450 on Mar 31^st, 2013, 5:35am:

Quote from Paul_142345 on Mar 31^st, 2013, 1:00am:

Hi Doreen ,
Thanks for your reply. Thinking over what you and Sue have pointed out, yes, it does make sense. So, if I took no further action, and continued to sell as things are, I would of course retain copywrite, be required to deal with tax issues, but have no right to add restrictions on their use until I have taken whatever steps are needed regarding licensing my work for resale by others?
Does that sound about right?
Thanks, Paul

I really think you should access the sources suggested and read them carefully. I would also suggest the Graphic Artist's Guild Handbook (although good luck asking their prices!).

No one has the right to use your work without your permission. Ever. You have the right to grant permission and sell rights to anything YOU want. I would look at some examples of contracts.

I'm not clear what Doreen means about a resale license. I/you are not "re-selling" something we created (drawing painting photo). Do you mean a Tax-id number? The issue about tax-id and DBAs and corporations is a whole huge subject, better discussed with a professional tax person or a lawyer. Most people do not have to worry about things like that. I use my own ss number and i've been a freelancer for over 15 years & have been told that incorporating is simply not necessary - this by a insanely nit-picking, ocd accountant - who, trust me - would NEVER let me do anything that'd get me in trouble!

Susan, in California (I don't know where Paul lives), artist's who sell their own work need to collect sales tax and having a Resale License/Seller's Permit allows us to not only pay/report sales tax collected, but allows us to personally not pay sales tax on materials used to create that which we sell in the resale market.

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http://www.greetingcarduniverse.com/SalonOfArt

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Susan_142450

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Posts: 522

Re: Do I need to license my own images....
Reply #8 - Mar 31^st, 2013, 9:59pm

Quote from Doreen_137017 on Mar 31^st, 2013, 8:17am:

Quote from Susan_142450 on Mar 31^st, 2013, 5:35am:

Quote from Paul_142345 on Mar 31^st, 2013, 1:00am:

Hi Doreen ,
Thanks for your reply. Thinking over what you and Sue have pointed out, yes, it does make sense. So, if I took no further action, and continued to sell as things are, I would of course retain copywrite, be required to deal with tax issues, but have no right to add restrictions on their use until I have taken whatever steps are needed regarding licensing my work for resale by others?
Does that sound about right?
Thanks, Paul

I really think you should access the sources suggested and read them carefully. I would also suggest the Graphic Artist's Guild Handbook (although good luck asking their prices!).

No one has the right to use your work without your permission. Ever. You have the right to grant permission and sell rights to anything YOU want. I would look at some examples of contracts.

I'm not clear what Doreen means about a resale license. I/you are not "re-selling" something we created (drawing painting photo). Do you mean a Tax-id number? The issue about tax-id and DBAs and corporations is a whole huge subject, better discussed with a professional tax person or a lawyer. Most people do not have to worry about things like that. I use my own ss number and i've been a freelancer for over 15 years & have been told that incorporating is simply not necessary - this by a insanely nit-picking, ocd accountant - who, trust me - would NEVER let me do anything that'd get me in trouble!

Susan, in California (I don't know where Paul lives), artist's who sell their own work need to collect sales tax and having a Resale License/Seller's Permit allows us to not only pay/report sales tax collected, but allows us to personally not pay sales tax on materials used to create that which we sell in the resale market.

gotchya - apparently in NY it's a bit different. I could apply for that, but it's sufficient to just keep track of expenditures and figure it out later when filing taxes. If I were buying supplies to teach classes or needed to buy large amounts of materials at wholesale - that would be more efficient.
I am supposed to collect sales tax as well, but there are a number of caveats, that are unnecessary to go into here.

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http://artist.greetingcarduniverse.com/mermaidsuesstudio

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Rebecca_140932 Gold Member artist Posts: 624	Re: Do I need to license my own images.... Reply #9 - May 27^th, 2013, 10:03pm If you want to license your work, this is a good place to start. Read all about it here - http://creativecommons.org/
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