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.
So what can you do if you actually want to create a product yourself but don’t have the money to get it done?
While I usually talk about how to license your art and leave the producing to the manufacturers, sometimes we creative types simply come up with cool ideas that we want to make a reality. Sometimes the reality of not enough cash stops us dead in our tracks. Total bummer.
However… sometimes we find a solution. Sparky Firepants (a.k.a. David Billings) did and I thought I’d share it with you. It’s pretty interesting and might be something you want to try for your creative idea as well.
Here’s how I found out about what Sparky Firepants was up to…
I had noticed earlier in the day that one of the artists I follow on Twitter (hi @pokidots!) tweeted that she was a backer of @sparkyfirepants. I scratched my head, wondered what that was about, but went back to work.
Then at about 9:00 pm and I decided to wander around Facebook and see what people were up to. I saw David Billings say that he had raised money to help fund his Pants! game and was thanking people. Well I was less involved in my work so I decided to investigate and see what he was up to.
I clicked a few links, learned that he has created a game, needs money to produce it and plans to take it to the Toy Fair. About 3 minutes later I too, was a backer for his project! How could I learn about this cool new way to raise money for creative projects and not throw a few dollars his way? Plus I’m excited to get my own signed copy of the game when it comes out.
So how is he going to fund this Pants game idea of his? Using the website Kickstarter.com
Here is the basic description, from their site, of how it works:
We help people (like you!) fund creative projects.
Kickstarter is the largest funding platform for creative projects in the world. Every week, tens of thousands of amazing people pledge millions of dollars to projects from the worlds of music, film, art, technology, design, food, publishing and other creative fields.
Each and every Kickstarter project is the independent creation of someone like you! Have an idea that you think might work on Kickstarter? Tell us about it!
How Kickstarter Works
- Our Simple Formula
- Kickstarter is a new form of commerce and patronage. In our world, the best way to inspire support is to offer people great rewards. Everyone loves limited editions, one-of-a-kinds, and fun experiences (parties, screenings, balloon rides!). Spend some time brainstorming your rewards and people will respond. No one needs another coffee mug.
- Why is Kickstarter funding all-or-nothing?
- On Kickstarter, a project must reach its funding goal before time runs out or no money changes hands. Why? It protects everyone involved. This way, no one is expected to develop a project with an insufficient budget, which sucks. Remember you set your own funding goal, so aim to raise the minimum amount you’ll need to create your vision. Projects can always raise more than their goal, and often do.
So if you have an idea you want to take from idea to market, this might help you get the funding you need to give it a go!
Here’s to your creative success!
– Tara Reed
P.S. Want to check out Sparky Firepants’ Pants! game? Here’s the link: http://www.kickstarter.com/projects/sparkyfirepants/pants-card-game (I have no association with this project or the website kickstarter – just think it’s pretty cool and someone who reads this blog might want to try it too!)
Perspectives of a First-time CHA Exhibitor, David Billings a.k.a. Sparky Firepants
CHA – The Craft and Hobby Association – trade show came to a close on February 1st. This is one of the four shows that has a section specifically created for artists who license their work. Fellow Portland artist, David Billings, exhibited for the first time this year and I asked if he’d share his perspectives on the show. Here is what he had to say… I think this will be helpful for any artist exhibiting at any show. Great information about how he got ready to exhibit and his experiences at the show. This is proof that art licensing takes time, dedication and a bit of homework to hit the ground running! Thank you David for this great information!
Perspectives of a First-time CHA Exhibitor
As I packed up my table, I reflected on what a great show it had been…
Wait. I should back up.
As I set up my table, I had high hopes that I would…
Oh. Sorry. I need to back up a little more. In fact, I’d like to go back to May of 2009 when I walked the floor of SURTEX. This is important, because all the work I did beforehand set the stage for exhibiting at the CHA Winter Trade Show, my first.
The Back Story
Last year I walked the SURTEX floor for three days, absorbing all the pretty colors and drinking gallons of coffee. More importantly, I paid attention to how it all worked. I observed how artists designed their booths and how they presented themselves. I watched the flow of traffic and tried to see what booths visitors were attracted to and how they spent their time with the artists.
Here are a few key notes I made to myself:
- Dude. Don’t eat in your booth.
- Don’t have your head buried in a book or laptop, but don’t give people the fish-eye.
- Show the art! Big, bold, clean. Easy to see style at a glance.
I made many more notes, but these were the biggies that I carried with me to my own table at the CHA Trade Show. We’ll see if I followed my own advice a little later.
At the end of last year, I reread Tara Reed’s ebook “How to Find and Work with Manufacturers.” I looked into more shows and found the CHA show, which I noticed was coming up fast. I took a plunge and decided to get a table at the Winter show.
Okay. That sounds super easy, like it took 5 minutes to decide. It didn’t. It was important for me to look at my budget and plans for 2011 very closely before deciding if it was the right decision.
Some factors I considered were:
- I’m already planning the Expo in June. Will this show get in the way of those plans?
- Do I need a whole booth at CHA? Can I afford that with a comfortable margin?
- Who will I meet at the CHA show? Is this truly my audience?
- What do I expect to get out of this show?
- Can I afford this travel right now?
- I’ll have to drop everything and start prepping now. Will my clients still be handled?
- How long will it take me to walk to Los Angeles? Can I survive without food for three days?
Just kidding on that last one. Wanted to see if you were paying attention. I flew and ate, of course.
You can probably guess that the answer to most of those was “yes,” because I did the show. One thing I did was opt for a table rather than a whole booth. Why? It has to do with what I expected to get out of this show.
Expectations
First, I saw this as an opportunity to do a trial run for the Licensing International Expo, where I’ll be exhibiting in June. That doesn’t mean that I could half-ass my prep or presence at the CHA show. It means that I had an opportunity to test some marketing ideas and get a feel for what standing behind a table for four days would really be like. Walking a show is very different from being “on” eight hours a day.
I also expected that I would not be signing contracts at the show. This isn’t pessimistic, it’s realistic. My sales philosophy can be summed up in two words: creating relationships.
This is how I’ve run my business since I started. It’s a little like dating. Sometimes it takes a lot of chatting before you even go to dinner. If you whip out an engagement ring when you meet, you’ll freak them out.
I narrowed down my expectations to simply meeting art directors and manufacturers and letting them walk away with a good impression of my company. This really helped me chill out and I think I appeared very natural and relaxed at the show.
Sparky Preppypants
As little time as I had, I did a lot of prep for this show. I took advantage of all the marketing and contact opportunities that the CHA people made available. I also created a few of my own. My mission here was to simply get the word out. I wanted the right people to know I would be there, because nobody knew or cared who I was until I told them. I also looked to another art licensor, Khristian Howell. Her Showstopper program helped me through a lot of this. Between Tara Reed and Khristian, I was steeped in a ginormous cup of information tea.
Here are some things I did to get the word out in a short time:
- Looked at the list of attendees and researched all of them. Many were not suited to my style of art, but this was valuable to know. No wasted effort!
- Handcrafted and mailed invitations to select art directors I knew would be at the show, who I really wanted to meet.
- Used the CHA Showbiz Connections system to contact manufacturers directly.
- Wrote a few blog posts where I mentioned the show. I also put banners up all over my site, telling visitors I would be exhibiting.
- Sent out a press release to announce that I would be exhibiting.
- Created a Valentine’s Day contest to promote my show presence and get traffic to my site in a relevant way.
- Kept talking about the show on social media sites I frequent. Not everyone cared about the show itself, but all my contacts knew I was going and supported me.
For my table at the show, I created the best display I possibly could. The idea was to attract attention, to get visitors to my table. Once there, they could explore a little more and look at my catalog. People aren’t spending hours at a booth or table. They’re busy and have their own agendas. So everything I created served to communicate what I’m about and what kind of art I produce at a glance.
And of course, I created take-aways like business cards, as well as a couple methods of collecting contact information from interested people.
Showtime at the LCC
I know. At this point you’re dying to know how this all played out in real life.
The License & Design section was on a lower level from the main show. So we didn’t get the hordes of traffic that booths on the main floor like DCWV or EK Success Brands got. This was to be expected, because the bulk of attendees were either retailers or crafters. Those people had no interest in buying or licensing art.
The good news here is that it was easy to spot the people who were in a position or had a need for art. Many of them came directly to my table, either from one of my prior marketing activities or just because they were attracted by my display.
The people who walked by with a scrunched-up face, mouthing, “Sparky… Firepants??!” were clearly not interested in my art or not buying art at all. Either way, I didn’t worry about them at all.
The people who did visit my table got my full attention. Even if I was playing it relaxed, inside I was totally “on,” tuned into the conversation. I didn’t miss a word. Again, my intent was not to wrestle a contract out of every art buyer. I asked questions, learned about their company and their needs. I gladly led interested buyers through my catalog and answered questions, but no pressure. Think cocktail party rather than Marrakesh street fair.
As soon as they left the booth, I whipped out my pad and jotted notes. This was invaluable later as I entered leads into my database. With the long, full days I sometimes had trouble remembering who wanted what and where they were from.
I also made friends with the other exhibitors around me. We all had very different art styles. Rather than set ourselves up as competitors, we helped each other out by watching a booth during bathroom breaks or steering relevant buyers to someone we thought was a good fit.
Even with all my prep, there were art buyers I invited who didn’t come to my table. The reason was simple. They were busy working their own booths, talking to retailers about their products. Rather than get offended or hurt, I decided to bring the Firepants to them.
I had to be careful here, because I didn’t want to get in the way of their sales flow, just as I wouldn’t want vendors hogging my time at my table. My approach was simple: just stop and say hello. This was a new thing for me. I am not a born salesman or networking type dude, so I was nervous. I think I circled some booths more than a few times, getting my courage up. But it went very well. I ended up having some great, no-pressure conversations and I think I left a good impression. Mission accomplished.
A few good mistakes
Of course I made some. But only good ones. Here are some things I will do differently next time:
- Print more brochures and press kits
- Bring more business cards (I blew through 200 before the last day)
- Better shoes (maybe converse shouldn’t be my shtick)
- Hire or entice someone to work the booth with me
Okay, so I bent a couple of my own rules. For instance, I ate in my booth a couple times when traffic was slow or non-existent. I made sure I took tiny bites of a Cliff bar instead of filling my face with a forkful of saucy pasta. I rationalized that it was better to be chewing a small snack than to be passed out cold on the floor. Next time if I have someone with me in my booth, I’ll go somewhere else to eat.
I also used my laptop a few times to connect with art directors and handle some trade show business. I just made sure I was ready to close it and smile when someone approached.
Success?
I hope by now you can guess that the CHA show was a huge success for me. I connected with some great buyers who I never could have by sitting in my studio. The internet is handy, but it can’t replace being there in person.
So far, those people have a positive impression of Sparky Firepants. From here, it’s about following up and continuing to create those relationships that will hopefully turn into business at some point.
Even though I didn’t expect to land a contract at the show, I did get one after doing my post-show follow-ups. At this writing we’re still negotiating, but I feel like my hard prep work and relaxed, yet attentive attitude paid off.
Now it’s time to turn my focus to the June Expo. I’ll be bringing these new lessons with me. Hmmm. I may need a bigger bag.
###
David Billings is the creative brain behind Sparky Firepants.
Over the past ten years, David’s illustration work has appeared in Highlights High Five magazine, The Electric Company, Blue’s Clues, language textbooks, e-learning kits, and children’s products sold in stores all over the U.S. His work has won several awards, including a Daytime Emmy nomination for his work at Nickelodeon.
He lives near Portland, Oregon with his wife, three children and 50 alpacas. Learn more on his website: http://sparkyfirepants.com
Thanks again David! Always fun to read and lots to learn from any of your blog posts.
– Tara Reed
P.S. If you are getting ready or considering exhibiting at an art licensing trade show, hop on over to http://artlicensinginfo.com/shows.html and see all the info and resource choices to help you make the most of your investment.
Kreativ Blogger Award – The Power & Paying It Forward Nature of Blogging
A Kreative Blogger award has recently been passed to me by artist Debra Cortese.
I believe we first connected on Twitter… ah yes, another connection thanks to my favorite social media platform!
Since I’ve decided to stop trying to recreate the wheel – I decided to reprint the background information that Debra found – this is from her blog post:
I’ve become a bit of an information addict, I couldn’t do this without a little background research. I quickly found reference to the original ‘Kreativ Blogger’ post and requirements for nominated Kreativ Bloggers. I believe they have been edited and abbreviated over time and cyberspace.
Kreativ Blogger originated in May 2008 in a post by Huldas Verden as noted by Clay Garden author in this April 2009 post:
“Finally I found that it was started in Norway by a blogger named Huldas Verden.”
When the Clay Garden post was written in April 2009, the author’s Google search came up with 712 entries for Kreativ Blogger.
When I searched today, Feb 28, 2010 for ‘Kreative Blogger’ awards, Google comes up with 23,200,000 entries! Hence, the power of blogging!
Here are the requirements that I found, and am passing on to 7 fellow Kreativ Bloggers (names and links to blogs at the end of this post):
The Kreativ Blogger award comes with the following requirements:
1. You must thank the person who has given you the award.
2. Copy the logo and place it on your blog.
3. Link the person who has nominated you for the award.
4. Name 7 things about yourself that people might find interesting.
5. Nominate 7 other Kreativ Bloggers.
6. Post links to the 7 blogs you nominate.
7. Leave a comment on each of the blogs to let them know they have been nominated.
Seven things about me that may be of interest:
1. Jobs I’ve had: serving up ice cream at Dairy Queen, orthodontist assistant, college textbooks sales rep, temporary help company sales rep, cake decorator, ARTIST!
2. I was an exchange student in Tours, France my junior year of high school and can still muddle through with French. I’m open to any business opportunities that would take me to France so keep your eyes and ears open!
3. I’m a middle child and when I say that, I’m often told, “Oh! That explains some things!” What? What does it explain?
4. I love what I do and wish that everyone could say the same. Follow your dreams, make tough choices when necessary and keep the passion for what you do!
5. Growing up I wanted to be a teacher. I guess I am but not in the way I expected – this is even better – no chalk dust! (or dry erase marker fumes)
6. Sometimes these things feel like chain letters (which I never do) but I’m told they are good for SEO so I’ll admit – that’s why I did it!
7. I believe there is a silver lining in EVERYTHING that happens… you just have to be willing to look for it. This has really irritated some people in my life – guess they didn’t share my belief.
MY KREATIV BLOGGER NOMINATIONS ARE:
Daniel Tardent www.artmarketingsecrets.com
Jen Goode www.jgoode.com
Deb Trotter www.debtrotter.com
Jill Seale www.momscouts.blogspot.com
Libby Unwin www.lugraphics.com/index.php/blog/
Brenda Baker www.artandillumination.com
David Billings www.sparkyfirepants.com
TAG, you’re it!
Thanks Debra for nominating me and encouraging me to get this done!
– Tara Reed
P.S. Hopefully I’ll be ok even though I bent rule #7 – 6 of my 7 nominees are on Twitter so I let them know there – the 7th got an email.
Who else wants to learn digital illustration?
I, myself, paint. I love the flow of the water and the paint on actual paper – holding the paintbrush, drawing the lines. Sort of old school by some standards but it’s what makes me light up!
Of course, the painting part of my design process is probably about 15%. Then I scan. Tweak. Toss. Repeat. Ponder. Mock up. It’s a process!
I have some friends (both online & those I have had the chance to shake actual hands with) that are all digital. They sketch — that’s as old school as they get.
They INTRIGUE ME! I don’t really understand what they do. How it all works. I’m sure there is some way I can use these skills to expand my marketability, speed, work flow… something!
So drum roll please… I’m SO EXCITED to tell you that my friend (who I of course met on Twitter first!) has just opened up “Digital Illustration School”! He promises to teach us everything and I can guarantee if you like to laugh while you learn you will — he’s funny! (If he didn’t have a sense of humor could he put “not for household pets” on the website? I think not!)
I’m going to check it out… if you want to too, he told me to tell you to email him and say “Tara sent me” — then you get a magical 25% off. Every 25% helps these days but if you want to pay full price and save an email, I’m sure that will work too.
Here’s the link… so leave this blog and see what you think!
www.DigitalIllustrationSchool.com
– Tara

















