I’ve never hired an illustrator before. What do I need to know?
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The fact that you’re reading this section means you’re already on the right track to creating an open, creative, and mutually beneficial experience with you and your illustrator. The illustration process is a fun and exciting adventure, but it can sometimes become stressful if a lack of communication arises. The following is my attempt to keep those lines of communication flowing by clarifying the illustration process, and the business of buying illustration and illustration rights.

How do you create an illustration and how am I involved in that process?
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My illustration process includes a series of development steps designed to create the best possible solution for your project needs. My clients are kept involved throughout this process, and indeed make an important impact on the creation of the work.

A common misconception about the illustration process is that creating smart concepts and well designed images is as simple as a snap of your fingers or a wave of your magic wand. Though I wish I had such a magic wand, in truth, the illustration process includes many creative and technical steps to achieve a fully realized finished piece. These steps (for me) include, brainstorming, research, thumbnail sketches, rough sketches, revised/refined sketches, color sketches, transfer of work to final medium or board, inking, painting, scanning, digital editing, and file formatting.

The reason for all these steps, particularly in the early stages, is to push past good ideas to find great ideas. In fact, many of the sketches I’ll do for a project the client will never even see. The creative process is about following different ideas and impulses, tossing out the bad ideas, developing the good ideas, pushing concepts so they communicate, and finding aesthetically pleasing imagery and powerful composition. All this comes from lots and lots of sketching, and a steady diet of mocha lattes or Dr. Pepper.

I never embark on this process alone, I keep the client as involved as possible through all the stages of development. This begins with asking the client a series of questions about his or her project and what their desired result is. I don’t read minds, so this is the client’s chance to tell me exactly what they are hoping for. I apply this information into the first round of brainstorming and sketches, producing three sketches that best reflect the solutions I’ve come up with. Incorporating the client’s feedback I move to a new round of sketches, developing the project in the direction the client wishes to take it. Next we explore color and various palette options. It is not until I have an approved sketch and color palette from the client that I will move to the final painting stages and digital formatting. I’ve found this process produces the greatest level of client satisfaction, as it keeps the client involved, engaged, and feeling like they are an integral part of the development of their project. This process results in an effective final product and a rewarding experience.

How do you price an illustration project?
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Excellent question. Each design project has its own unique needs and thus cannot be priced by a standard pricing system. The price of a project is determined by a number of variables, including: time and labor, number of illustrations, overall complexity of project, color vs. B&W, turnaround time and deadlines, revisions, sale of illustration rights, sale of original artwork, shipping and materials, etc. After discussing the client’s needs, I provide individual estimates based on the criteria listed above. Please read the next section on illustration rights, and familiarize yourself with its complexities, as this is a vital part of pricing a project.

What are illustration rights and how do they work?
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Illustrators make a living by creating artwork, and selling specific rights to that artwork. It is often thought that if one hires an illustrator to do a piece for them, they then own the original artwork and all the rights to the image produced. The reality is a little more complicated. The client will need to negotiate with the illustrator to buy specific rights to the artwork that accommodate his or her needs.
According to copyright law, when an illustrator (or any artist) creates an artwork they inherently own all the rights to that artwork the moment it is created. This copyright is actually a bundle of individual rights, which include (but are not limited to) display of the art, distribution of the art, performance, printing and reproduction, electronic rights, or the ability to create derivative works from the existing work, etc. Illustrators run their business on their ability to sell, and re-sell these rights to clients.

What the client is purchasing is the transfer of certain rights for his or her particular purpose. Determining the rights that best suit his or her needs will depend upon three different factors. The first factor is where will the illustration be displayed or printed (i.e. Magazine, Newsletter, Webpage, T-shirt, etc.)? The second is how long will the illustration be displayed/distributed or in the possession of the client (i.e. First Run Distribution, 5 years, etc.)? And the third is what is the range of distribution (i.e. local, national, international, etc.)? Knowing these things will help the client to determine what he or she wants to purchase. For example: If one wanted to hire an illustrator to paint an illustration for the header of his newsletter, he would want to negotiate the purchase of first run distribution rights of that image for his newsletter, and his newsletter’s range of distribution. If he wanted to put his newsletter online, he would need to negotiate the additional electronic rights. If he wanted to use that image for all of his future newsletters, he’d need to negotiate such. There are many different options for the sale of rights, depending upon the unique needs of each client’s particular job.

Can I buy all the rights to an image?
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Yes, owning all rights or “exclusive unlimited rights” is an option. However, it is also the most expensive option. In certain circumstances clients have found owning all the rights to an image to be in his or her best interest. This allows them the freedom to use the work for multiple uses now, and for any unforeseen uses in the future. Buying all the rights to an image is the most expensive option, because in selling all the rights, I, the illustrator will have no further claim to the work, and can no longer resell that work, or any derivatives of that work. Therefore, I must weigh all potential profit that could be made from the work when negotiating its sale price. For example, if a television show is created from said artwork I would have no further claim to profits created from such. Granted, a television show may never be made from the artwork, but that is only one of hundreds of possible uses, and potential profits to be made from the artwork.

I can’t afford to purchase all the rights to an image, what other options do I have?
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The best thing to do is to think about your present priorities, and what rights fit those priorities. Sometimes the best option is to buy the rights needed to accomplish one’s immediate needs, and purchase additional rights as one finds use for them in the future. Or, if one’s concern is in finding a way to protect an image from being used by others in the same market, think about buying the “exclusive rights” within that market. (See difference between exclusive rights and all rights).

What’s the difference between “exclusive rights” and “all rights”?
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Owning all rights to an image means the purchaser owns the copyright, and all the rights bundled in with that ownership. Sometimes this is called “exclusive unlimited rights”. The key word here is unlimited. Exclusive rights, on the other hand, can pertain to exclusivity within a particular market, or a certain set time period.
Often clients want to protect his or her product within a market and they think they need to own all the rights to an image in order to do so. However, a more economical option is to buy exclusive rights within their market. For example: if one wanted the rights to print an image on a T-shirt and didn’t want to find out another company is selling the same t-shirt, he or she can buy the exclusive apparel rights to that image. Often times, such exclusive rights have time limits (5 years, 10 years, etc.). Clients are usually given the first option of renewal when that time limit expires. This allows a client to see what will sell and if a particular product sells more than another. This allows one to test out designs and know what to renew and what not to.

If I buy the rights to an image, why don’t I own the original as well?
If I buy an original painting, can I reproduce it?
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Original artwork and copyrights to artwork are two separate entities, and are treated as such. The sale of rights (including all rights) does not give the purchaser a claim to the physical original, just as the purchase of an original piece of artwork does not give the purchaser the right to reproduce the artwork. At Sundberg Studio, if one commissions a project, he or she is welcome to purchase original artworks at an additional charge, granted the physical artwork is available for sale.

Do you do work-for-hire?
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No, I do not. Work-for-hire is a discouraged practice within the creative community. A work-for-hire contract basically states that the client will own all work, originals, sketches, rights, and everything else created by the illustrator while under the clients employ. Since, I, as an illustrator make a living off my ability to sell the rights to my work, and to continue showing my work within the market, I do not do work-for-hire contracts.

What is the Code of Fair Practice?
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The Code of Fair Practice was developed by the Graphic Artist Guild with the intention of upholding existing law and tradition and to help define an ethical standard for business practice in the graphic communications industry. Drafted in 1948, the Code was conceived to promote equity for those engaged in creating, selling, buying and using graphic arts. The Code has been used successfully since its formulation by thousands of industry professionals to create equitable relationships in the business of selling and buying art.*
I run my business based on the standards outlined in this code, as I hope all individuals looking to hire artistic services will as well. Click on the following link to read the code in its entirety:

http://www.gag.org/about/fair_code.php

Will you do free sketches?
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Asking an artist to do sketches for free is called work on speculation. No, I do not do spec work, nor should one ever ask an artist to do work for free. Illustrators provide services, and those services should be respected. One does not ask his plumber to fix his pipes for free, just to make sure the plumber knows how to do it. Artists are highly trained professionals, just like professionals in any other trade. It’s understandable that one might want to get a sense of what an artist will do with her particular project, prior to hiring the artist. This is why artists have portfolios. A portfolio will give one a strong sense of the quality, skill, and style of work that artist produces. Count on the work one wants done to look similar to the work seen in the artist’s portfolio. If one still isn’t sure, and wants a sample, feel free to hire the illustrator to do some initial sketches at an introductory rate. Most artists (myself included) are more than willing to do some sketches for a small fee. (See also Kill Fee and Cancellation)

What is a Kill Fee? What if I want to cancel my project before it’s done?
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Sometimes a client will be working with an artist and realize that they aren’t happy with the direction the work is going in and they want to cancel the job. In the event of this unfortunate circumstance be aware that the artist will probably bring up the cancellation or kill fee term of the contract. This clause simply states that the client will need to pay for services rendered up to the point of cancellation. If the artist only finished some sketches, then that’s all the client would have to pay for. All rights usually revert back to the artist in the event of a cancellation. The nice thing about this clause is it allows the client to cancel the job at anytime and not be under contract to pay for the full job.

Will you sign a non-disclosure agreement?
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Absolutely. I realize some projects are confidential or market sensitive, and I am more than willing to keep your project in my top secret file. I am also willing to hold off on posting the work in my portfolio, this would include an agreed upon time period, not to exceed a year.

Will you illustrate my children’s book?
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This is a trick question, because there’s a secret about the children’s book industry any children’s book writer out there needs to know. If you’re a writer who wants to get their book published by a large or small publishing house, you don’t need me (or any other illustrator) at this stage in the game. The truth is publishers don’t like to get finished books. Publishers like to pick out their own illustrators for your book. It is actually easier to sell a book to a publisher based on your manuscript alone than if you had illustrations attached. Publishers like to feel like your book is “theirs” too and that they can be a part of the process. So start sending out your manuscript. You don’t need me. Learn more about getting your book published by visiting: Society of Children’s Book Writers and Illustrators (SCBWI). However, if you’ve decided you want to self publish your children’s book, or you are a children’s book publisher, that’s an entirely different matter. Please feel free to contact me about your book.

*Information quoted directly from Graphic Artist Guild Resources.