Artwork Question (1 Viewer)

[MoscowRadio]

Supposing I was interested in using someone's artwork, which had been used several years ago for a group buy on CT, and the owner agreed to let me use it, what do you think a fair price would be for this?

Now let's go one step further. What if I wanted to buy the rights to use the artwork indefinitely on things like chips, table cloths, carriers, etc? Is this unethical for me to ask? This is my biggest concern. The artwork has remained untouched since the group buy which took place right before BCC shut their doors. The person who created the artwork never used the chips it was printed on and is selling them. That's the only reason I asked. Had it been an ongoing project like the Grand Cardroom art, I wouldn't have approached the owner.

I know some of you may scowl at the idea of not creating my own artwork, but this piece has always been a favorite of mine.

Any thoughts are welcome and appreciated.

 

[stocky]

Supposing I was interested in using someone's artwork, which had been used several years ago for a group buy on CT, and the owner agreed to let me use it, what do you think a fair price would be for this?

I think this depends on the original price for the artwork. Was it split between all GB participants? If yes I would take that as my starting price.

What if I wanted to buy the rights to use the artwork indefinitely on things like chips, table cloths, carriers, etc? Is this unethical for me to ask?

IMO it wouldn't be unethical to ask.

 

[ssanel54]

If Im reading the OP correctly, it sounds like the owner of the artwork has already agreed to let you use it? Not sure if he requested some kind of monetary compensation or if you are just looking to pay them something for being generous. Id say a fair price would be the approximate cost of doing your own custom design and a sample of whatever you have made. I think general use of the artwork for related items should be perfectly fine, even if they are done at a later date. The only thing I would consider slimy is if you tried to make a profit off of anything that you are making.

Most people that I have ever dealt with on PCF about using their artwork for a project have been more than receptive and usually have not asked for anything in return. Ironically, it seems like conflicts around artwork ownership usually only comes up regarding "tribute" designs that are inspired by someone else's original work..

 

[MoscowRadio]

If Im reading the OP correctly, it sounds like the owner of the artwork has already agreed to let you use it? Not sure if he requested some kind of monetary compensation or if you are just looking to pay them something for being generous. Id say a fair price would be the approximate cost of doing your own custom design and a sample of whatever you have made. I think general use of the artwork for related items should be perfectly fine, even if they are done at a later date. The only thing I would consider slimy is if you tried to make a profit off of anything that you are making.

Most people that I have ever dealt with on PCF about using their artwork for a project have been more than receptive and usually have not asked for anything in return. Ironically, it seems like conflicts around artwork ownership usually only comes up regarding "tribute" designs that are inspired by someone else's original work..

My intention is certainly not to make a profit on the design. THAT would be unethical, and I think mimicking the design closely without the owner's consent would also fall into an unethical category.

Ideally, what I'd like to do would be to pay a one-time flat-rate fee for essentially the rights to use the artwork for my own purposes whenever I choose.

 

[ssanel54]

My intention is certainly not to make a profit on the design. THAT would be unethical, and I think mimicking the design closely without the owner's consent would also fall into an unethical category.

Ideally, what I'd like to do would be to pay a one-time flat-rate fee for essentially the rights to use the artwork for my own purposes whenever I choose.

I definitely wasn't trying to insinuate that you were looking to make a profit off of the artwork, and realize now maybe my post sounded that way. Its certainly not unethical to ask for for continued use of the design for related products. Worst they can say is no.

 

[MoscowRadio]

I definitely wasn't trying to insinuate that you were looking to make a profit off of the artwork, and realize now maybe my post sounded that way. Its certainly not unethical to ask for for continued use of the design for related products. Worst they can say is no.

I didn't think you were insinuating my intention to make a profit off of the artwork. No worries at all! I appreciate your input a lot.

And the designer has given me permission to use the artwork. My real concern was basically buying the rights to use it whenever.

 

[jbutler]

If Im reading the OP correctly, it sounds like the owner of the artwork has already agreed to let you use it? Not sure if he requested some kind of monetary compensation or if you are just looking to pay them something for being generous. Id say a fair price would be the approximate cost of doing your own custom design and a sample of whatever you have made. I think general use of the artwork for related items should be perfectly fine, even if they are done at a later date. The only thing I would consider slimy is if you tried to make a profit off of anything that you are making.

Most people that I have ever dealt with on PCF about using their artwork for a project have been more than receptive and usually have not asked for anything in return. Ironically, it seems like conflicts around artwork ownership usually only comes up regarding "tribute" designs that are inspired by someone else's original work..

Agreed with pretty much all this. Obviously if there was a per chip fee paid in the course of the original GB, I would think it would be appropriate to ask for or offer that amount.

One additional thing to consider is that GBs go forward or fail based on the willingness of a sufficient number of chippers to get on board together at one time. So one could argue that it would be unwise to give the impression that people can get in on all GBs at a later date. Obviously if everyone believes that then some GBs won't get off the ground at all and therefore obviously they won't be available in perpetuity. I know there were at least a couple of GBs with terms that stipulated at the outset that only the original participants would ever be able to participate in reorders.

All that said, I was the beneficiary of the generosity of the member who ran the Black Sands GB over on CT. I picked up a small set of cash chips and wanted to reorder to supplement and I was not asked to pay any fee and I was very appreciative.

 

[MoscowRadio]

Agreed with pretty much all this. Obviously if there was a per chip fee paid in the course of the original GB, I would think it would be appropriate to ask for or offer that amount.

One additional thing to consider is that GBs go forward or fail based on the willingness of a sufficient number of chippers to get on board together at one time. So one could argue that it would be unwise to give the impression that people can get in on all GBs at a later date. Obviously if everyone believes that then some GBs won't get off the ground at all and therefore obviously they won't be available in perpetuity. I know there were at least a couple of GBs with terms that stipulated at the outset that only the original participants would ever be able to participate in reorders.

All that said, I was the beneficiary of the generosity of the member who ran the Black Sands GB over on CT. I picked up a small set of cash chips and wanted to reorder to supplement and I was not asked to pay any fee and I was very appreciative.

Thank you, Jack. I was really hoping you'd chime in here. Appreciate the insight!

 

[Psypher1000]

What you're effectively looking for is for a license to be granted in perpetuity. Such a license would be considered highly unusual in the world of commerce since there's a lot of money to be made off of licensed products and the properties they're based on. You're in the hobby market, though, and not looking to make a profit from the merchandise so there's definitely some different circumstances involved, but it would still be unusual to be granted perpetual license.

That being said, there's absolutely no harm in asking, and as long as both parties are clear about the limitations of the license (or lack thereof) and agree to terms, it's all good. If I'm you, I would probably consider putting a time limit on the license (I'd like the rights to use it for 2 yrs...5 yrs...etc) and listing all manner of products that you might want to use the artwork on, and, of course, to get it all in writing to help protect both licensor and licensee.

 

[detroitdad]

Mmmm.........black sands

 

[MoscowRadio]

Getting things in writing is one thing I had considered if things happen to go through. However, as previously stated, the owner has already granted me permission to use the artwork based on a per chip/item fee, so even if I can't purchase the artwork rights altogether, they have been incredibly gracious as to let me use the artwork.

 

[BGinGA]

James, please PM or email me re: this matter. We need to talk.