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.
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
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
Art Licensing Trade Shows are Coming – are you ready?
Just like Paul Revere road through the suburbs of Boston shouting, “The British are coming! The British are coming!” – it’s the time of year I start shouting “The trade shows are coming! The trade shows are coming!” If you are exhibiting at one of the 4 art licensing trade shows, are you ready?
Here is the schedule of upcoming shows:
AmericasMart Gift & Home Furnishings Market – Atlanta – License & Design section each January 13 – 15, 2012
- This is the “biggie” for the gift industry and in 2008, they added a License & Design section to offer artists booth space and promotion during the show.
- NOTE: AmericasMart has changed their admittance policy and NO ARTISTS are allowed in under their own business… period. While I disagree with this black & white policy since artists are an integral part of the industry, that’s the way it seems to be. Even artists with their art on many, many products in the show have to beg a client to let them in. Total bummer, very unprofessional. (In this artist’s opinion.) However, that is how it is so don’t head to Atlanta and think you will get in unless you have arranged for a badge from a manufacturer.
- Show website: http://AmericasMart.com/markets/gift
Craft & Hobby Association – Anaheim, CA – January 29 – FEbruary 1, 2012
- The biggest Craft & Hobby show of the year, they too have a License & Design section for artists to exhibit.
- Show website: http://hobby.org/
SURTEX – New York City – May 20 – 22, 2012
- Trade show solely focused on artists and agencies in art licensing.
- Show website: www.SURTEX.com
Licensing Expo – Las Vegas – June 12 – 14, 2012
- This show covers all aspects of licensing – sports, movies, tv as well as art.
- Show website: www.LicensingExpo.com
Here are a few things to help you get the most out of your time and effort:
How to Maximize Your Time and Investment in Trade Shows – eBook by Tara Reed
& Trade Show Tactics Teleseminar - audio replay by Tara Reed
Buy the eBook, the audio or both to get ready to exhibit at an art licensing trade show. Practical tips to help you plan your booth, man your booth and follow-up like a pro – making the time and investment in the show pay off. Decrease your learning curve by implementing tips and tactics that are proven to succeed.
Confessions of a First Timer – Reflections, Musings, Tips and Tricks from a First-Time SURTEX Exhbitor* – eBook by Khristian Howell
Khristian’s 23 page eBook is real, inspiring, positive and organized. She talks about the roller coaster of emotion and her strategies to keep a “get it done” attitude. She even shares how she is going to get ready for next year! For anyone thinking about exhibiting at an art licensing trade show – this is a great place to start.
Show Stopper – Road Map to Rocking Your Trade Show*- system by Khristian Howell
This is not just an ebook! With the help of some AWESOME GUEST STARS, Khristian has literally created your guide to getting it all done. What I can tell you now, is this project is like no other. While Khristian is putting the final touches on things, hop on the mailing list to be THE FIRST to hear about the upcoming release, FREEBIES, and a few surprises (that you will only find out if you are on the list!) along the way. Show season will soon be upon us! Get ready to be a Showstopper!
Wishing everyone much success in the upcoming trade show season!
– Tara Reed
P.S. If you are exhibiting you might also be interested in the eBook Maria Brophy & I just released – How to Understand Art Licensing Contracts – that is the point, after all!
How to Understand Art Licensing Contracts eBook getting great reviews!
The latest eBook in the Art Licensing Info library, How to Understand Art Licensing Contracts, is getting great feedback. I never post comments without permission from the artist so if you email me – let me know if I can share your opinions with the world, ok? Here are two comments that have been approved to share with the group.
“Tara and Maria’s e-book, How To Understand Art Licensing Contracts, is a must read for any artist involved in Art Licensing, whether they are just beginning or have been in the game for awhile. Written from the point of view of two seasoned art licensing veterans who learned the ropes by doing the work themselves. It’ s clear concise style, incredible organization, and well thought out format, make it impossible not to find needed factual information. If you’re working with art licensing contracts and don’t have this on your desktop, you’re just making things harder for yourself than they need to be.”
– Marty Qatani, artist, martytoons.com
“I’ve signed hundreds of licensing agreements over the last 10 years and was astonished at some very important clauses that aren’t included in my contract or didn’t take notice of in theirs that were covered in How to Understand Art Licensing Contracts.”
– Barb Tourtillotte, Artist, Designer, Licensor, Barb Tourtillotte Illustration www.TurtleCrossings.com
The introductory price of $72 is coming to an end on Thursday, 11/24 (Thanksgiving). Do you have your copy yet?
Go to www.ArtLicensingInfo.com/contracts.html to learn more…
Art Licensing Attorney Page added to the blog
Have you noticed the new tab on the blog?
Many artists have appreciated the list of art licensing agents that was added when I wrote How to Find an Art Licensing Agent so I decided we should do the same thing for Attorneys.
I receive many questions about attorneys – when do I need one, who should I call, etc. Just like with agents, I can’t tell you which attorney is going to be a fit for your business but I have decided to create a resource list to help artists get started. This is meant to be a starting point in your search for legal help – no formal recommendation, implied guarantee or official “thumbs up” is applied. No attorney is added without specific permission from that individual or company.
A few important things to remember when choosing an attorney to help you with your art licensing business:
– Choose an attorney with experience in art licensing. Without actual art licensing experience, an attorney will not know the nuances and
standards of art licensing agreements. They won’t have the experience to know the “why”
behind things like short term agreements, sell-off periods and “get out” clauses.
– The location of the attorney doesn’t matter – their experience and your ability to communicate with them does.
– Referrals are a great way to find professional help.
To the best of my knowledge, the attorneys on this page all work within the art licensing industry. Those with an asterisk next to their name contributed to the eBook, How to Understand Art Licensing Contracts. Others have been recommended by artists in the industry.
SO… if you find yourself in need of legal help, this is a resource for you to get started talking to people who are working in the industry.
Here’s to your creative success!
– Tara Reed
P.S. If you are an attorney who works in the art licensing industry and would like to be added to the list, email me with your contact information and a logo or photo if you don’t want the blue legal dude.
How to Understand Art Licensing Contracts – the long awaited eBook
Do art licensing contracts fill you with fear and dread?
Do you worry that you won’t get a good deal because you don’t understand them?
Are you looking for a resource to turn to again and again to help you understand and become a confident contract negotiator?
Look no further! Maria Brophy and Tara Reed have joined forces to create an artist-friendly guide to understanding art licensing contracts.
You will prepare your mind, define your goals and overcome your fears.
This eBook will help you think through who you are as an artist and what you want your art licensing business to look like. Learn to represent yourself with confidence and understand how to negotiate a win-win contract.
Learn the sections of an art licensing contract and what they mean to you.
More than 30 contract terms are defined in detail – explaining why they might be in a contract and the implications to both parties. We include actual contract language and then explain “what it means to you” by breaking it down into everyday language. You will learn to dissect the leagalese and know how each word might affect your deal.
Learn how and when to start using your own standard contract in your business.
Using manufacturer contracts when you are just starting is fine but as you grow your business, there comes a time when it is better to be in the driver’s seat and use your own standard contract. Maria discusses how and when to make the transition.
10 artists (& one who chose to remain anonymous) have shared their art licensing contract success stories and words of warning. They include (in the order they appear in the book) Khristian Howell • Marty Qatani • Jill Seale • Debbie Mumm • David Billings • Paul Brent • Drew Brophy • Gina Linn • Karen Embry • Kate McRostie
5 attorneys who work in the art licensing field also share their advice and insights in Part 8: Attorney Insights. They are Kyle-Beth Hilfer • Sarah Feingold • David Koehser • Rebecca Stroder • Tammy Browning-Smith
This book is a resource you can turn to again and again.
We have designed this book to give you an in-depth understanding of contracts as well as become a resource you turn to over time as contract questions arise. It’s well organized and easy to find just what you are looking for at a glance.
173 pages of valuable information to help increase your knowledge and build your confidence when it comes to art licensing contracts.
As always, there is a special introductory price for the eBook for the first 2 weeks. Regularly priced at $87, you can get your copy for $72 if you act by Thursday, November 24th at midnight. (Yes, that’s Thanksgiving for all the US artists)
Want to learn even more about the book before deciding? Head to www.ArtLicensingInfo.com/contracts.html for even more details.
Are you on the Early-Bird list for the Art Licensing Contract eBook?
The early bird list has flown the coop and the eBook is now available. Learn more at www.ArtLicensingInfo.com/contracts.html
Contracts are important at any level – from artists starting out to David Cassidy and the cast of Happy Days
I ran across an interesting article on CNN titled David Cassidy goes after ‘Partridge Family’ fortune. If you read past the headline, it’s much less ominous than the title sounds. at a glance, it sounds like David Cassidy is looking to get something that isn’t his. But as you read further, we learn on contracts for merchandise featuring his image, name or likeness, of which he was to get 15% of the net profits. (Oh how I wish I got 15% royalties!)
He was apparently paid all of $5,000. The cast of Happy Days are also filing suit over lack of payment from merchandise as well. There seems to be a debate about rights, terms, statutes of limitations… it will be an interesting story to follow. Add to it that David Cassidy’s contract was recently found in a box that he hadn’t unpacked since the 70′s.
A few lessons for us from this saga:
• Keep track of your contracts – and optimally in duplicate and multiple locations. If you don’t have your contracts it’s he said / she said which doesn’t do much for you if you end up in court.
• Know what you’ve agreed to and pay attention to results. Are you receiving royalty statements each quarter? Do you see products in the marketplace that aren’t licensed or where royalties aren’t being paid?
• Include an “audit” clause in your contract that gives you the rights to audit the books if things seem fishy.
If any part of your agreement isn’t in writing, it won’t count in a dispute. Contracts are designed to make sure both parties know what should happen when things are going well and outline how to part ways if they aren’t. Did you hear the part about it all having to be in writing? Good.
Here’s to your creative and protected success!
– Tara Reed
P.S. Check out the Art Licensing Manager software to help you keep track of contracts, licensed products, expiration dates and more. At some point, it gets hard to keep it all straight in your head – trust me!
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