WA Retail Educational Resources - Agreement for Publishing Artworks?

[Tennielle Crook]

What kind of agreement or deal needs to take place between artists and publishers to reproduce visual artworks as posters for retail educational resources to be sold for profit online? Would a royalty be paid per print under intellectual property law?

I am an arts educator and I recognise a need for more contemporary Australian arts resources in our schools.

 

[Sophea]

Hi Tennielle Crook,

What you need to get is a Copyright Licence Agreement, which sets out the terms upon which you are able to use and reproduce the artists artwork.
The essential components to this agreement are: (1) the granting of an unlimited or restricted/specific licence to use the artwork and (2) consideration or payment for the use of such (3) the term or duration of the agreement.

There are no hard and fast rules on what you need to pay or how you need to pay, you can come to whatever agreement you like. You may choose to structure it on a retainer fee agreement - whereby you reproduce as much as you like for a specific purpose during a one year period for a yearly fee, or alternatively as you said, you could agree to a per copy price.

There are probably templates of this type of agreement out there somewhere on the web, which may give you some ideas as to things you need to incorporate in it besides the things mentioned above.

 

[Tennielle Crook]

Hi Tennielle Crook,

What you need to get is a Copyright Licence Agreement, which sets out the terms upon which you are able to use and reproduce the artists artwork.
The essential components to this agreement are: (1) the granting of an unlimited or restricted/specific licence to use the artwork and (2) consideration or payment for the use of such (3) the term or duration of the agreement.

There are no hard and fast rules on what you need to pay or how you need to pay, you can come to whatever agreement you like. You may choose to structure it on a retainer fee agreement - whereby you reproduce as much as you like for a specific purpose during a one year period for a yearly fee, or alternatively as you said, you could agree to a per copy price.

There are probably templates of this type of agreement out there somewhere on the web, which may give you some ideas as to things you need to incorporate in it besides the things mentioned above.

Hi Sophea, Thanks for your reply regarding copyright. This has definitely cleared a few things up. I've searched templates/samples and there are a few out there so I will look into it further. I really appreciate your advice on this topic. Tennielle

 

[Sarah J]

Hi @Tennielle Crook,

Try contacting the Arts Law Centre in Australia. There are a number of free resources on that website and they offer legal advice.

 

[Sophea]

No worries Tennielle! All the best with it

 

[DennisD]

Hi Tennielle

Further to Sophea's suggestions, for a quick fix you might consider looking for suitably licensed images through the creative commons database.