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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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This is my first time writing a book and I am having art work

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This is my first time writing a book and I am having art work done by a student artist in which I state that I would allow the artist work exposed in the book only or payment for the work but that the artwork was solely to be mine as I gave the artist pictures of what I wanted. The artist is asking for full rights to all illustrations payment for the illustration and exposure in the book. My question is: as I have given the artist the pictures that I wanted illustrated and want full rights to the illustration, should there be a problem for the artist giving me full rights to the illustrations? or should I seek legal help to get the artist to release the rights to the illustration?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

hello

Alex Reese :

you need to have your ownership of the copyrights to be spelled out clearly in writing as part of your agreement

Alex Reese :

it is all subject to negotiation, so perhaps you can work something out, but the ownership of the copyright needs to be clear because the default rule is that the creator is the copyright holder absent some other conditions (e.g. work for hire agreement, employer-employee, explicit contract)

Alex Reese :

so you need to work this out before proceeding

Customer:

Should there be a release form between us from an attorney or can we do a contract which can be considered a legal document?

Alex Reese :

you can certainly write up your own agreement but it would be best if an attorney provided it or at least reviews the one you are planning to use.....to make sure the right language is in it and that all important aspects/rights are covered

Alex Reese, Lawyer
Satisfied Customers: 2990
Experience: Experienced in intellectual property law
Alex Reese and 4 other Intellectual Property Law Specialists are ready to help you
Expert:  Alex Reese replied 1 year ago.

You also want to out in the agreement/contract something about how the entire/full compensation for the artist is X, and they will have no interest in the books sales or other commercializations of the illustrations (like in other books, posters etc). But it's all upto negotiation and the the copyrights can be broken up as desired.....but definitely talk to a copyright lawyer because there are many aspects you probably haven't considered that could come up in the future.

Alex Reese, Lawyer
Satisfied Customers: 2990
Experience: Experienced in intellectual property law
Alex Reese and 4 other Intellectual Property Law Specialists are ready to help you

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