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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111657
Experience:  Attorney practicing all aspects of copyright/trademark law
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I am in the process of self publishing a children's book. I

Customer Question

Hello,
I am in the process of self publishing a children's book. I found a illustrator on the Fiverr website. However, I am confused about my rights. The Artist gave me a sample of her art for my book. I love the art but after I sent her my copy of the work I wrote she then requested having rights to her Artwork and that I can only use it for book purposes. However, she is going to charge me an extra fee to be used commercial. She is not asking me for any royalties but she wants to re-negotiate if I use her work in any other means of outside of (books, ebooks, kindle etc. in any territory at anytime). I want to expand to merchandising , website, online. TV or movie. Are my hands tied?
Submitted: 4 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Before you agree to anything with the illustrator, you need to get a written contract on what type of payment she will receive in exchange for signing over all copyright rights to her, reserving her right to display her art to promote her business only. If she will not agree to that type of deal, it may cost you more money for the work to give up her copyright rights, then you will need to find an illustrator who will agree to give up all rights. If she is looking for additional money for you using the work for other than your book, that is something you need to negotiate and make sure you put in writing if you agree and get it signed by her. Without a signed written agreement, you may want to look elsewhere and negotiate that as part of the deal up front in writing.