From Daniel Mitsui at Dappled Things:
Sometimes aspiring artists come to me for advice. There is one thing that I tell all of them. Please pay attention to this: If you are a fine artist working as an independent contractor, making wholly original work, never give up your intellectual property rights.Share
Never, ever, ever, ever, ever, ever, ever, give up your intellectual property rights.
To anyone. Not to a patron, not to a publisher, certainly not to a prize committee. If anyone asks you to sell, transfer, or relinquish the copyright to your artwork, say politely that you never do this, but that you are willing to negotiate a license for the purposes he or she requires. Most patrons and publishers will accept this and work out the license with you. Avoid doing business with anyone who pushes back and insists on getting the copyright from you. Giving up a copyright essentially means that in the eyes of the law, the person who obtains it made the artwork and can do whatever he or she wants with it — and you didn’t, and can’t.
The intellectual property rights to a work of art are often more valuable, in the long run, than the work itself. They may be the most valuable things, in monetary terms, that you will ever own. They are what allow you to protect the integrity of your creative vision. They are what allow you to generate passive income from your existing work, in the form of derivative works, prints, merchandise, or licenses for reproduction. And they can continue to do this for you for the rest of your life, and for your heirs long after your death (for seventy years, if you are an American). For an independent artist, the rights to your intellectual property are one of the only legal or economic advantages in your line of work. They function like your investment portfolio, your retirement fund, your legacy, your life insurance.
That anyone running a contest would ask an artist to give this away offends me deeply. Presenting it as a condition of a prize (something that the artist should be grateful to receive) strikes me as absurd. If a commission were offered to me, personally, with the same terms as this supposed prize, I would decline it immediately. (Read more.)
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