Podcast contributions. Need your help!
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I once received a contract that said that I had to have over $100K of liability, errors, and oversight insurance and that my client needed to be named as a joint holder of the policy. I was only doing a few vector illustrations for a website. The job was small (under $1000) and when I looked into a policy of that nature, it was going to cost me more than I had quoted my client for the entire job to get insured for even half that amount.
When I brought it up with my client, they said that the insurance requirements were in the contract for much larger subcontractor relationships and that we could just strike it and say that they were liable for any errors or oversights. Nothing went south with that job but if it had and i hand't been good about reading the contract and asking questions, I could have been on the hook for a whole lot of money!
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@Danilo-Silva Graphic Artist Guild Pricing and Ethical Guidelines has a number of basic contracts for each niche of the creative market (editorial, picture book, surface design etc). I also like Tad Crawfords Business and Legal Forms for Illustrators as he does a great job of breaking down the legal language into something that is immediately understandable.
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For me the biggest helpers were stipulating how long they had to give me feedback (tho to be fair if they hadn't given me feedback within the time-frame I probably wouldn't have known what to do about it if anything) and then how long I had to work was always based on when they gave me feedback (so like 1 week for revisions once I received their feedback). Also I find that giving myself more time than i need for revisions usually helps light a fire under their butts and cut out unnecessary revision requests bc if they take a while to respond it's going to take that much longer for them to receive the revised sketch OR alternatively they have to decide whether asking me to change a tiny detail is worth potentially an extra week on their timeline. So far it's worked great for me and a lot of times they actually are more inclined to approve the sketch even when they had one or two more rounds of revisions available (this might just be a fluke tho).
The other thing is that since I work traditionally and it's a huge pain to make changes once the paint is laid down, I stipulate that only minor corrections can be made to final illustrations and those corrections must be able to be performed in Photoshop (so like color changes/corrections or like tiny little manipulations)
As far as things that hurt me I don't think there was ever anything actually IN the contract that I can think of that hurt me down the road just some things that were NOT in the contract at all that were annoying. I probably could have argued with the clients about it but I'm too nice lol like for example one of my clients read the contract wrong and didn't realize the images inside the book would be black and white so I offered to give them a little color in Photoshop. It all worked out because I ended up doing the front cover the same as the inside images (pencil sketch with photoshop colors) and originally I was going to do the cover in traditional media so I think time-wise it evened out. But that one definitely stressed me out a little lol.
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One item I didn’t see mentioned (as I quickly scanned replies) was limiting revisions. I always spell out how many after final sketches and charges for any after final art. Also that I’m the only one allowed to make changes to final art.
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@davidhohn , thanks a lot for the tip! I'll take a look on them and see what best fits for my case!
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As others have said - limiting revisions.
Also needing feedback in a timely manner before deadlines. I took a local job for a poster with a quick turn around of a week. It was only after I submitted sketches that I realised that my contact only worked part time and wasn't working again till the day the illustration was due so I wouldn't be able to receive feedback till then... I don't think they thought that through. I hated that it looked like I wasnt meeting the deadline and I looked unreliable. -
For a small book commission I did last year I made sure write in the contract that any significant changes they wanted to make after the roughs had been approved would cost them £30 per hour it took me to carry out these changes. This turned out to be a good move because in the final stages of the project they suddenly decided one of the main characters needed to be wearing different clothes (a hat, etc) in every illustration. Because of the contract I felt confident asking them of extra money, which they did pay me - phew!
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How do I send a private message?
Not sure I'll get an answer to this question, so if I don't, I'd be interested in wording around intellectual property. This came up in a recent project and the legalese in the client's contract was confusing, even to them.
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thanks everyone. That was a good one! This episode is our longest podcast to date. Hope you guys enjoy it
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@Johanna-Kim IP is a tricky one. We could do a whole episode on that