faqs -- licensing / copyright

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[Q] QUESTION: Before sending out packages to manufacturers, do you have them sign a non-disclosure form stating they won't copy the designs?
[A]    ANSWER: Our marketing materials are identified as copyright "© 2006 (or appropriate year) by Artist/ArtVisions". The use of NDA (non-disclosure forms) almost always GUARANTEES THAT THE PACKAGE WILL BE RETURNED UNOPENED; or that the prospect will either not respond to the initial NDA inquiry or just say NO!

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[Q] QUESTION: Do I need to have all of my art images copyrighted with the U.S. Copyright Office?
[A]    ANSWER: Actual registration with the copyright office is usually not necessary unless you suspect there is likely to be a problem. New laws automatically give the copyright to you upon creation of the work. IMPORTANT - CHECK WITH YOUR ATTORNEY BEFORE MAKING A DECISION ABOUT COPYRIGHT REGISTRATION.

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[Q] QUESTION: Do ArtVisions' licensing agreements contain a clause stating the company and/or publisher is able to use a certain image only for a certain use for a certain period of time, as opposed to leaving this open ended?
[A]    ANSWER: Yes, all ArtVisions license grants are very specific about the conditions of the grant. Although not an attorney, I have been involved with intellectual property licensing for over 25 years.

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[Q] QUESTION: It's very important that I have final approval on the product's design and quality of the samples as I could not bear to see my work on an inferior product.
[A]    ANSWER: We agree. However, such approval should not be unreasonably withheld.

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[Q] QUESTION: Do your contracts have a clause that state the designer can't be held liable if there's a consumer lawsuit against the manufacturer? 
[A]    ANSWER: Yes; to the extent that such liability is not caused by your design/artwork.

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[Q] QUESTION: I absolutely must retain copyright ownership. There must be a clause stating my work is my own creation and intellectual property, and that the manufacturing, advertising, distribution and sale of the work shall in no way infringe upon the rights of any third parties to license the same design for a different use.
[A]    ANSWER: This is fundamental to our Master License and Grant documents. In fact, we require you to sign an "Artist's Certificate of Copyright and Indemnification", confirming that the artwork you submit to us is your original creation. This certificate will be included in ArtVisions' agreement with anyone who licenses your art.

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[Q] QUESTION: Do your contracts have a clause ensuring royalties on any products that are sold in territories outside of the United States? 
[A]    ANSWER: Our license grants are very specific with respect to use, including territory.

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faqs -- financial/representation Q&A

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[Q] QUESTION: I'm an artist and designer, why do I need ArtVisions to design special materials?
[A]    ANSWER:   We have developed a "corporate look" for ArtVisions' promotional materials. Additionally, these materials reflect ArtVisions contact information, since we handle all business arrangements on your behalf.

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[Q] QUESTION: Why do I need ArtVisions to design special materials, when I can do the design to your specifications?
[A]    ANSWER:   We have learned to never say "no" to offers of outside help... because we may benefit from a different point of view. That being said, our "look" is consistent from artist to artist at any given point in time. It would actually take more time [and thereby incur costs for the artist] for us to integrate an outsider's work into our production models for web, mail and email.

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[Q] QUESTION: Don't you just buy a list of names? Can't you just rent your list to me? Are your direct mail and email lists opt-in?
[A]    ANSWER: Direct Mail is from our list, developed over a period of time, name-by-name; not a purchased (rented) list. List started with more than 1,500 names and getting _smaller_ (now approximately 1,100 names) as we add a few new good prospects and remove several unsuitable ones. Our goal is to have a small, but productive, list of good clients and prospects. The list presently is a mix of opt-in + opt-out.
[A]    ANSWER 2: email is the same - developed by us and a mix of opt-in + opt-out.

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[Q] QUESTION: What is your fee? And what does ArtVisions do beside putting my art in front of decision-makers?
[A]    ANSWER 1: Our royalty fee is 50% of all revenue generated as a result of our effort [since we are your exclusive licensing agent, then there is no question about whether or not it is our effort]. We deduct a small set-up fee from the first royalties you earn. You have no cash outlay and no other obligation to pay the setup cost. If we earn no royalties, then you pay nothing. There are no "hidden" fees. 
[A]    ANSWER 2: We handle negotiations, and the business issues necessary to conduct a successful licensing operation. We have developed a license master agreement and license grant that has been accepted in the industry and which precludes many of the unfavorable business practices you might otherwise encounter. [I have more than 25 years experience negotiating intellectual property licenses and have successfully concluded negotiations worth millions of dollars for commercial equipment and software]
[A]    ANSWER 3: Our master license makes repeat business much easier, since we are not constantly re-negotiating terms. Repeat business is the baseline for success. It is much easier to add work to an existing agreement; plus, it is much easier to conclude a deal with someone you know [and trust].

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[Q] QUESTION: Why does ArtVisions require exclusive representation of me?
[A]    ANSWER:   We do not want to find ourselves in competition with you for the same markets. This is an invitation for future conflict if one of our clients responds to your inquiry. Who knows if a response was triggered by your inquiry or by the several emails / telephone calls from ArtVisions over the prior 3 months? [but read on, there may be hope]

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[Q] QUESTION: Do you have exceptions, to the exclusive representation? Would I still be able to promote myself?
[A]    ANSWER:   Yes and yes - however there are some caveats - if you do business with one of our clients (there are over 1,100 in our current database) commissions are due as if ArtVisions did the work - unless we agree ahead of time to exclude specific clients. This is because there is no way to tell if a license is generated from our efforts or yours.

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[Q] QUESTION: If I connect with a publisher or manufacturer outside of the sphere of companies you are contacting for me on my behalf, would I still be bound to give you a commission? 
[A]    ANSWER:   If you have confirmed ahead of time with ArtVisions that the licensee is outside our market sphere, and we have acknowledged in writing, then there is no requirement for commission to ArtVisions. However, we do not want to find ourselves competing with you for the same market. This is an important issue for us; and, with one exception, is a "deal breaker". In other words, except under special circumstances, we must have exclusive representation for licensing of your art. The exception is if you retain us as a consultant, rather than an agent. Of necessity, our fees are structured differently, since the business relationship is different. If interested in this option, please let us know and we will provide details.

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[Q] QUESTION: Can you explain what you mean by set-up?

[A]    ANSWER 1: Set-up encompasses production of your marketing materials, including digital work, creation of multiple copies of each image in several different sizes & formats, your custom email and creation and maintenance of your pages on ArtVisions' web site. 
[A]    ANSWER 2: We produce and maintain an internet presence. As of this writing, our site includes a large number images for each artist . Most importantly, you benefit from our high ranking in search engines... the art gets SEEN by those searching for art to license. ArtVisions web site consistently ranks in the top 2 for major search engines (Google, Yahoo, MSN etc.). Results change daily... try the links below:

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faqs -- guidelines for artists

::: Guidelines for submitting art for review.

:: Your original work should be two-dimensional images ("flat art"). Some "mixed media" work may be acceptable, but only if it lends itself to reproduction as flat art.

:::  Submit only color jpegs.

:: Prospective clients want density of color, good color saturation, pleasing color, rich color. Dark, "muddy" colors usually earn instant rejection.

::: Submit jpeg images in related sets (a "series").

:: Our licensees usually want sets of four or more images (sometimes pairs are OK) that obviously "fit" together.

::: What do we want?

:: We license art that appeals to the largest buying group (women between the ages of 34 thru 60). Best possibility of success is art that is cheerful, colorful, has good composition and clean design. Uniqueness is important, but remember "charming" & "beautiful" art sells; dark, moody "social comment" or outré art will not sell.
:: We can't license "art for art's sake", we can only license art that has broad appeal to a wide market and thereby justifies the manufacturer's investment in your art. Most buyers want representational art. Animals, children, people, objects, and pretty places should be generic, rather than readily identifiable (this also prevents potential copyright issues and problems caused by not having personal releases for use of a "likeness").

::: First contact should be via email -- in fact, we are not currently accepting submittals sent via "snail mail". 

:: If your art is on the web, please send an email with links. 

         Do not send embedded images in your email!

         Do not send attachments without asking first.

:: Unsolicited email with attachments or embedded images will be deleted by our anti-spam software.

:: Be patient -- it may be several weeks before you hear back from us.

::: IMPORTANT
:: Read Artmaster Requirements before applying for representation.

ArtmasterRequirements

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faqs -- what we do

::: ArtVisions' art licensing program is based upon a highly proactive model designed to yield higher results over time. We develop materials, especially for you, including a web gallery, email and direct mail, based on information and pictures you provide. 

:: Because our income is derived solely from commissions from licensing fees we generate for you, we are very particular about the artists we invite to join us. A written contract is provided. 
:: We require exclusive representation for licensing the artist's work. 
:: Commission to artist is 50%, and commission to ArtVisions is 50% for the life of the contract.
:: Your ArtVisions portfolio set-up costs are deducted from the first royalties you earn to help defray the costs of your unique web page(s)*, special email and direct mail color brochures. You have no cash outlay and no other obligation to pay the setup cost. There are no "hidden" fees. 

::: Licensing your art is agreeing to accept payment of a fee for a specific use of a designated number of copies of your artwork for a limited period of time, in a defined geographic area. The same piece of art can be licensed many times, for the same or different uses.

:: A single piece of your work could be licensed to appear on several different products; for example, calendars, notecards, textiles, and posters. Licensing generates revenue in the form of fees and royalties, paid over time.
:: We require a 4" x 5" transparency (or other high resolution art master) from the artist for each piece listed for licensing.

::: IMPORTANT
:: Read Artmaster Requirements before applying for representation.

ArtmasterRequirements

:: We create highly targeted programs for licensing the artist's work.
:: We work as licensing agents and do not try to place original art or generate assignment work. 
:: We work on a commission basis and pay the artist a percentage of fees and royalties generated by our efforts. 
:: We work directly with publishers and manufacturers to license the artist's work.
:: We draft the license agreement and negotiate the terms for individual license grants on behalf of the artist. 
:: We track work progress & payment status on behalf of the artist. 
:: We provide a contract to the artist (three year term).

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faqs -- artmaster requirements

  

 REQUIREMENTS for Artmaster:
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Keep in mind that the licensed product could be as big as full-wall size mural in a commercial establishment. That’s why it is necessary to start with a professionally made 4” x 5” color transparency or high resolution scan. 

Option 1 - a 4” x 5” color transparency with gray scale and color bar. 

Option 2 - professionally scanned digital files at an optical resolution of 3200 ppi produced from a 4x5 transparency with color bar and gray scale. The resulting files (approx. 250MB per image) should be submitted to ArtVisions on a PC format (not Mac) CD.

Option 3 - professionally made high resolution “drum-scan” done directly from the original art, at a resolution that will support a 36” @ 300 ppi finished product. The resulting file should be submitted to ArtVisions on a PC format (not Mac) CD. File size is about 250Mb

NOTES:
If you provide scans, resolution is NOT to be interpolated nor files compressed in any way:

   1) Consumer/home scanners usually are not of sufficient quality to produce licensing artmasters. There is no way to increase information content by interpolating scanned data to greater sample count, so maximum optical resolution (quality of scan) is extremely important. The film scan resolution may be limited by the maximum optical scan resolution of the scanner used. For example, an optical resolution of about 3200 ppi will be sufficient for 4x5 film up to a print size of about 48”.

   2) 35 mm photos/slides (or scans made from them) usually are not acceptable for any licensed product bigger than about 28” in the largest dimension. Scan must be minimum 5000dpi tiff.

   3) digital photos from most consumer digital cameras are not acceptable for any licensed product.

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faqs -- general

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[Q] QUESTION: Do you attend any trade/gift/craft shows in order to find new manufacturers?
[A]    ANSWER: We have suspended trade show activities for now but may attend selected trade shows again in the future.

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[Q] QUESTION: Can I speak to some of your artists to get a reference? 
[A]    ANSWER: Yes. Just let us know when you have made your decision to use our services, and we will provide contact information

 

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