Question: Is it better to go with an art publisher or an art licensing agent?
I’ve been getting some interesting questions lately that have caused me to really think about what I would do. An artist recently emailed me with what I consider a very high class problem – they have submitted their portfolio to a few art publishers and agents and now have a few that are interested in signing the artist. The main question was
Is it better to go with an agent or a publisher/licensor?
First it is important to understand the distinction, especially if you are new to art licensing.
A publisher is a company that publishes art prints – for wall art, canvas, etc. Many publishers also act as agents for their artists because the majority of those artists have no interest in pursuing licensing themselves but are happy for the added income. It becomes a win-win with the publisher not only licensing their work but connecting them with manufacturers in other areas. You can have a relationship with a publisher and NOT have them act as your agent, but many do both for their artists.
Then there is the more traditional agent. An agent is a person or company that represents artists and works to connect the art with the manufacturers. That is all they do – they don’t have the publishing business first and agency aspect second, they are agents. Agents can connect artists with publishers as well.
Back to our artist’s conundrum -
They are each telling me they are the answer of course, and then within that I have each of them (being the various publishers & agents) saying that THEY are the best choice. Each is making a strong argument for me choosing to work with them. I don’t know what to do and I just want to give myself the best opportunity to make money. I’ve asked so many people….please help. I can’t tell if a publisher has the same opportunities an agent does….
So publishers are saying going with them as a publisher and an agent is better than just having an agent. The agents disagree. Both are quite persuasive and the artist doesn’t know what to do.
Here is the advice I gave to them and how I would handle it if I were faced with the same situation.
First, I congratulated the artist on having so many people interested in their work. Agents don’t pursue people they don’t think can be successful and make money in licensing so this is a fabulous sign.
Next I asked to artist to be clear that they want to work with an agent and don’t want to market themselves – if they weren’t sure, I thought they should read this post:
http://artlicensingblog.com/2011/11/02/faq-do-i-need-an-agent-to-succeed-in-art-licensing/
As to who will be best and are agents vs publishers better – each artist will have to make that decision – if I did if for you I might as well pick your spouse or life partner while I’m at it. I’m not an art licensing yenta! 
When making the decision, you need to look for the best fit in terms of the working relationship – who will you trust with your business and who do you believe is most aligned with what you see for it? You either go with a publisher who then promotes you elsewhere or you go with an agent who finds you a publisher and other deals.
If it were me I’d be doing a serious comparison of the contracts – what are they asking of you and what are they promising – in writing – to do for you? How long of a commitment and how can you get out of the contract if you don’t feel it’s going well? And when – after a year, 3 yrs? etc.
My advice would also be to consider the eBook How to Understand Art Licensing Contracts as well as having someone review your contracts. My co-author Maria Brophy does contract reviews (and you get $50 off if you buy the book) or you could have an attorney look at it/them. Make sure the attorney has experience in the industry tho or they won’t catch the nuances. Here is a link to some attorneys if you don’t know any that work in licensing: http://artlicensingblog.com/attorneys/
It is one thing to review and negotiate your own contract for a one-design license for a specific product or products for a period of time. If you make a mistake, it will be a lesson learned but won’t affect your entire business. When you choose an agent or publisher/agent, it can so I would definitely get a second opinion before signing.
Of course this is just my opinion – if you have other advice or ideas, please add them to the comments!
This is pretty exciting and I hope more artists are faced with this type of decision! I also hope this helps you think through your strategy for your business.
Wishing you much success -
– Tara Reed
P.S. Not sure if you want an agent or want to go it alone? Download the survey to help you figure it out…
P.P.S. If you aren’t to this point but want help getting ready to find an art licensing agent, be sure to check out How to Find an Art Licensing Agent.
What a great Art Licensing Ask Call with Attorney Kyle-Beth Hilfer!
It’s been a while since we had a legal expert on the line – I hope you were able to dial in and learn lots! Attorney Kyle-Beth Hilfer has lots of experience in art licensing and general intellectual property law – of course her answers are not to be construed as legal counsel just food for thought. (Disclaimers are very important! If you have a specific issue, contact her or the attorney of your choice!)
What we covered on the call…
• How to find and how to handle copyright infringements online
• Do manufacturers shy away from artists with an attorney and contracts?
• From a legal standpoint, how close is too close to another person’s work?
• Can I use purchased products in art and then license it? (rubber stamps, doilies, papers, etc)
• Which is more important trademark or copyright?
• How much should you allow licensees to manipulate your artwork and who should own the new versions of the work?
• What are your thoughts on exclusive license agreements?
• What can artist do to provide the most protection to his/her art?
Since this is Ms. Hilfer’s first call – the MP3 Audio replay is available for free! If you have signed up for a call before, you should have received an email with the direct link to the audio. If you haven’t, simply fill out the form below to get your copy –
Learn more about Ms. Hilfer at:
www.kbhilferlaw.com,
or follow her on Twitter @kbhilferlaw
or Linkedin at http://www.linkedin.com/in/kylebethhilfer
Learn more from Kyle-Beth Hilfer at SURTEX!
She will be teaching “Understanding Legal Basics-Contracts and Copyrights” as part of the SURTEX conference series on Sunday, May 20, 2012 at 2pm. If you are exhibiting you get 2 free conference passes – maybe this should be one of them. 
Learn more about the classes at http://www.surtex.com/TheShow/2012ConferenceProgram/tabid/103/Default.aspx
What’s Up Next…
Maria Brophy and I (Tara Reed) will be co-hosting the next Art Licensing Info Ask Call on Wednesday, March 21, 2012. You can submit your questions at any time at www.AskTaraReed.com
Here’s to your creative success!
– Tara Reed
P.S. If you are new to these calls did you know there are more than a dozen replays you can get for free? Go to http://askaboutartlicensing.com/get-free-call-replays/ and see all the experts who have shared their art licensing wisdom.
The Ask Call with Attorney Kyle-Beth Hilfer is tomorrow – will you be joining us?
We sure hope so! I’m really excited for you to get to know AttorneyKyle-Beth Hilfer. She first came on my radar in a discussion on the Art of Licensing group on LinkedIn. She also blogs occasionally about licensing. I decided it was time to bring in a new legal expert for a new perspective and we have a great call planned – we hope you take the opportunity to listen and learn!
So… if you have signed up for an Ask Call before, you should receive or have received an email reminding you of all the dial-in details. If not, head to www.AskAboutArtLicensing.com to get signed up and get the numbers. We start promptly at 5:30 pm Pacific / 7:30 pm Central / 8:30 pm Eastern.
We hope you can join us tomorrow! If you can’t, the audio replay will be available for free since this is Kyle-Beth’s first call – watch your email or the blog to see when it is ready.
Here’s to your creative success!
– Tara Reed
How to Understand Art Licensing Contracts eBook buyers get a discount on consulting with Maria Brophy
You read that right! While chatting with Maria last week she told me that she wants to offer artists who have purchased our eBook – How to Understand Art Licensing Contracts, $50 off a consultation with her regarding, well, contracts.
You know the old saying – Different Strokes for Different Folks, right? Well while I do my own contract reviews and negotiations, I don’t choose to consult with artists on contract related issues. It just isn’t an area that gets me excited, it’s something I have to do to do my business.
Maria is just the opposite, she LOVES dissecting contracts and helping artists understand what the implications of what is and sometimes what isn’t there could mean to them. I can tell you first hand that she is very good at it too – I’ve had her look over my standard contract and we were able to tweak to be even better than before. I also came away with a better understanding of why some of the things that had been in there for years were so incredibly important.
SO… this is a power combo. The eBook – How to Understand Art Licensing Contracts – will give you a great understanding of the terminology and reasoning behind the many parts of an art licensing contract. It talks about the hows and whys of longer vs. shorter contracts and how your goals as an artist affect what will be key in your contracts. There is input from attorneys as well as anecdotes from artists so you can learn from both their successes and “growth experiences”. (I could call them mistakes but there is a lesson in everything so I choose to look at them as growth experiences.)
I am a firm believer in learning what you can from books and blogs and such before spending the extra money for individualized help. You don’t want to spend your time in a consultation learning definitions and basic concepts that you can find in an eBook. Maria agrees. She also wants to help artists understand contracts and protect their business interests. The more savvy the artists, the stronger we are in the industry as a whole.
The eBook is a great investment at $87. But to know that you will have access to a private consultation for $50 off if you have already purchased the eBook – it makes it a steal at effectively $37. (That is after you use the discount of course – which has no time limit but I suppose is subject to change if Maria so chooses at a later date.)
Learn more about the eBook at www.ArtLicensingInfo.com/contracts.html. Then when you have questions about specifics, be sure to let Maria know you have purchased the book and get $50 off your consultation. (One discount per artist)
Learn more about working with Maria at MariaBrophy.com/consulting
Here’s to your creative success!
– Tara Reed
This little artist went to market…
I always think about the kid’s poem – “This little piggy went to market… this little piggy stayed home…” whenever I head to the Gift Show in Atlanta. It’s called “AmericasMart” and when you are they, it is referred to as “the market” or “the mart”. Or… “Wow! This is overwhelming!”
Anyway – this little artist went to market and did a whirlwind day and a half of walking, looking, talking, meetings and collapsing rather exhausted each night. It was definitely busier than last year – but no one was sure if it was because of the economy or the weather. (Last year there was a snow/ice storm which pretty much paralyzes Georgia.)
The showrooms seemed overflowing with new products and people excited to see new designs. One thing I always do at the January show is check the fashion status – in years past there have been tons of people wearing lime green, another year had a large showing of turquoise and last year – animal prints. This year was all about knee-high boots with black tights and black or gray knit dresses or skirts – many on the short side. As I walked along in my signature black pants and good-for-my-feet-if-not-super-cute Dansko shoes, I felt very out of it.
It was great to see so many artists that I only see at shows and catch up. Even better (no offense!) to meet with current and potential clients to discuss new art and new products.
One interesting but not unexpected comment from a manufacturer was in regards to computer skills -
It’s great that you have good computer skills. There are a lot of artists who don’t and they are being left behind. Even without thinking about the cost of hiring someone to manipulate art, I don’t have the time to hold their hand to get it right. I need to be able to share my ideas with the artist and have them get it set for me so we can make some great products.
This is one of the big shifts in recent years, in my opinion, in the art licensing industry. When I started in 2004, having computer skills was like icing on the cake. Now it’s becoming a required ingredient.
This Friday the 13th – don’t be “that” artist…
I’m going to assume that you have seen or at least heard of the Friday the 13th movies… there have been at least 9 or so of them. You know, the ones where cute co-eds go camping, open doors late at night, go for walks in the woods alone – all the dangerous things that make them fall prey to the illustrious Freddie Krueger. The stereotypical horror movies where you KNOW bad things are going to happen but they make you jump anyway… you with me?
Let’s make a pact today NOT to be the girl who opens the door to who-knows-who while wearing next to nothing in the middle of the woods on a dark and rainy night. I mean, THAT girl is just asking for it, right? Don’t be the guy that goes swimming alone in knowingly shark infested waters…
Well… sometimes we are “just asking for it” too. We want success but are we doing what we should be or are we acting as much like those crazy co-eds in Friday the 13th in regards to our business?
If there was a Friday the 13th movie about artists trying to build there businesses – what “don’t do it!” things would these artists be doing?
What would be obvious pitfalls to the 3rd party observer that might seem like a good idea to us? Just for fun, here’s are a few things l I came up with. If you have some other fun ideas – add them in the comments – let’s see if we can get to 13!
1. Talking about what they want to create but not taking action. Talk is cheap but it doesn’t put art on the canvas, repeat patterns in the computer or connect you with manufacturers who license art. Are you taking action to get where you want to go or still in the “dream and discuss” phase?
2. Not following up. If you get an email inquiry or phone call, are you following up in a timely fashion or putting it off for fear of rejection? You want to be the artist with the reputation for being accessible and responsive – that’s what gets you business!
3. Not considering feedback. If you receive the same feedback from at least three sources, I highly recommend you give it some serious thought. Your way might not be the best way and if the manufacturers ask for something different, you are more likely to get the deal if you give it to them. The licensing contracts go to the artists with the art that fits a need the best – not the artist who digs in their heals saying, “This is my vision for the art and I’m not going to change a thing!”
4. Forgetting to put contact information on your website. It happens, I’m telling you! You spend so much time with all the details and the look that you forget that little list of info that lets someone contact you. Don’t be the artist with no phone number or email on your website!
5. Focusing on all the reasons you will never make it. The people who sit around and blame the economy, the industry, the decision makers, their dirty bathrooms that take all their creative time (you get the idea) will rarely be the ones who achieve their goals. Focus on what you want and figure out how to get there – within the parameters of the current state of affairs.
What other “obvious” mistakes or habits might be leading you right to dear old Freddy?
Here’s to your creative success! (without any crazy encounters in the woods!)
– Tara Reed
P.S. Here’s some Friday the 13th nostalgia for you… it’s only 29 seconds so it won’t distract you for long!
P.P.S. Want some help with your mindsets and staying focused on building your art licensing business? Check out the Art Licensing Mindset Series – a 24 week audio postcard program for only $1/week! www.ArtLicensingMindset.com
What is in your art business library?
Another thing I do towards the beginning of each year is review my business library and decide what areas I want to learn more in the coming year. Do I want to take a painting class or learn more about money management? Am I in need of personal growth motivation or some new website skills?
I have a library of books – both physical and digital – that I have learned from and that I turn to to build my business. Do you?
Obviously, if you want to learn about art licensing, I highly recommend any of the eBooks I have written or have co-authored or that I promote through ArtLicensingInfo.com (there is a list just to the right in the “Learn About…” box – see it?)
In addition, here is a list of books I highly recommend any artist have or have read. (You can always find these on the RESOURCES page which I update from time to time – have you ever checked it out?) Many of these are affiliate links so if you learn about them here, click and buy, I earn a few cents to a few dollars that helps me make time to keep on blogging. (therefore – clicks are greatly appreciated.)
Regardless – it is important to not only have the art skills but the business and personal skills to truly be happy and successful in your life.
Here’s to your creative success!
– Tara Reed
Who are you and what do you do?
With the holiday season upon us – my sister, brother and I were reminiscing about Christmas specials we liked growing up and starting singing the heat & cold meiser songs. While they were stuck in my head, I got to thinking – these guys know who they are, what they do, what they like and they don’t make any apologies.
The Heat Miser doesn’t want a day under 60 – the Snow Miser prefers 40 and below. If you listen to the songs you will find they explain very well what they like, what they do and what they are good at.
Can you easily explain who you are as an artist?
• Who is your target market – or who does your art appeal to?
• What types of products would your art work best for?
• What themes, styles, etc. do you work in?
Take a moment today and think about these songs – if you had to do a song and dance to let art licensing manufacturers know who you are and what you do, do you know what you’d say? Just a little food for thought and fun videos that might take you down memory lane too!
Here’s to your creative success!
– Tara Reed
Do you document your systems?
We all have systems for many, many things – even if we don’t really think of them as “systems”. We’ve been talking about systems in my house a lot lately… my fiancé is living with me for a few months while we get the new house we bought remodeled. The kitchen seems to be the biggest source of discussion – apparently my systems are feeling a little too complicated for him and I don’t understand why. (Isn’t it always the way?)
Let’s use the dishwasher as an example. I have lived with this dishwasher for 7 years and know the most efficient way to load it. I have my son 80% trained on how I like it done – Craig is at about 50% but trying… You simply get fewer glasses falling over and breaking if the tall glasses are on the right and the short on the left. You fit more plates if all the dinner plates are on the left and salad on the right on the bottom. I’m not being anal-retentive, I just understand my dishwasher.
Craig was a bachelor for 16 years. His way of dealing with a dishwasher is to throw things in where ever and when it’s getting full, organize it better, get a few more things in and then turn it on. My brains says “you are doing extra work if you have to reorganize – why not load it efficiently the first time?”
We won’t even get into the “active” and “inactive” food system in the fridge…
Basically a “system” is a way you do things when you do them more than once.
So have you stopped to consider the systems you have in your art licensing business? There are more processes than you probably realize. There is a way to log onto the internet and check Facebook, LinkedIn and any other social media sites you frequent. There is a way you go about creating your art and getting it ready to send to manufacturers. Maybe you have a system for your book keeping – every Friday you open QuickBooks and enter your expenditures and income. How do you update your website?
Most of us are what people call solo-preneurs – we do everything in our business on our own, or, solo. It becomes hard to delegate tasks when how they are done are all in your head.
When I went through the eMyth Group Mastery program I started documenting how I did things with the idea that I could hand it to someone else to do. Maybe I’d hire an assistant or heaven forbid, what if I got really sick and someone had to help me out?
I discovered that by documenting my systems I made myself more efficient.
I didn’t have to wrack my brain to remember how I did something that I only do from time to time – I could refer to my notes. When you write things down you also see ways to make things go more quickly – if you do, update your notes!
I encourage you to look at what you do regularly and take the time to write it down. It can help you in a multitude of ways! To read more about systems, read this blog post by eMyth called 5 Steps for Documenting Your Systems.
Wishing you much success!
– Tara Reed
P.S. I have no plan to document my dishwasher system – the ridicule that would ensue from my teenager and Craig would be more than this artist could handle!
What legal questions do you have related to your art licensing business?
The next Art Licensing Ask Call is with attorney Kyle-Beth Hilfer on Wednesday, January 25, 2012. It sounds so far away but I promise you – it is going to sneak up on us! I was talking with Kyle-Beth today and we were discussing the types of topics we’d love to cover… but as you know, it is YOUR questions that determine the content.
Here are two broad topics we thought would be relevant and interesting.
Social Media – any questions about best practices, what to do if someone is using your art or info without permission, what is considered “fair use”, etc?
How about contracts? What do you want to know about art licensing contracts – any terms have you confused, things you want to know about including or if it’s safe to exclude?
Of course if you have questions about copyright law, registration procedures, trademarks, etc. send those our way too!
When you have a great topic for the next legal Art Licensing Info Ask Call – head to www.AskAboutArtLicensing.com and send it our way!
Here’s to your creative – and legally protected – success!
– Tara Reed
P.S. Don’t forget we have a new book with LOTS of info about contracts, check out How to Understand Art Licensing Contracts
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