Art Licensing Editorial: Tips on Creating Licensable Art for Products

If artists hope to license their art to manufacturers, they need to create art that consumers want to see on products. Therefore, artists in the art licensing industry cannot just create any type of subject matter and expect to be able to license it for any type of product. The art licensing industry is very commercial. Artists that create art subjects that they love do not necessarily mean that it is licensable. Instead an experienced, and savvy licensed artist first researches what art manufacturers need to be able to sell their products AND THEN creates art that fits the manufacturers product line(s). Those are the artists that are successful in licensing their work.

Of course, there are exceptions. For example, flower art is very popular and if the artist loves to paints flowers then of course it will be licensable IF the composition is well arranged and formatted correctly for the product. But, if the artist only paints roses then the possibility of licensing the art is limited because currently roses are not trending except for vintage art. Believe it or not, daisies and flowers that resemble daisies are currently the most popular for the majority of products. But there again, there are exceptions depending on the season or holiday. Poinsettias are popular for Christmas, tulips and other spring flowers for Easter, sunflowers for summer and autumn. That is why it is so important that artists learn what kind of art manufacturers license for their products before creating the art. Submitting art to manufacturers that they will not put on their products is a waste of time for the manufacturers and for the artist.

• Create Licensable Art
As mentioned above, not all art is licensable or the art is limited in the type of products it will be licensed for. Your art may be beautiful and your family, friends, and even other artists may love it but unless it meets the needs of manufacturers selling to the mass or niche markets it may not be licensed.

The following articles discuss more about licensable art and has suggestions on how to make your art licensable if you are struggling to get deals.

– "Not all art is licensable" Make sure you read the comments because not everyone agreed with the title of the article when it was first posted in 2010.

– "Is Your Art Good Enough to License?"

– "Creating Licensable Art: Composition Tips"

• Tips on Size, Shape, and File Format of Art
The size and shape of art that should be created for licensing consideration depends on the type of products that manufacturers produce. It varies between the different product industries and even between the different manufacturers in the same industry. Thus, there is not a standard size and shape used to create art for ALL products. See below for more information about the size, shape, and format in creating art for licensing.

– Shape
As mentioned previously, art should be created for products. That means the shape of the art (vertical, horizontal, round, and square) depends on what type of product it is created for. The basic shape for greeting cards, decorative flags, gift bags, and some wall art is vertical. Doormats & rugs, cutting boards, placemats, jigsaw puzzles, and some wall art are usually horizontal. Coasters, wall clocks, and dishes are usually round. Coasters, dishes, and wall art are sometimes square. And repeating patterns for fabric, gift-wrap, and scrapbooking is usually square or vertical. Although, product shapes depend upon individual manufacturers so it is important for artists to know what shape each manufacturer use on their products before creating and submitting art to them. For example, not all coaster manufacturers produce only square coasters so if you plan to submit coaster art to numerous coaster manufacturers it would be wise to format the coasters not only square but also round.

– Size
Art should be created large enough so that the resolution will not be lost when placed on most products. For instance, if art is painted on a 5 by 7 inch sheet of paper (standard size for greeting cards) the resolution will NOT be good enough when enlarged for a 28 by 40 inch decorative flag. Each artist needs to figure out what size works best for the products they license or hope to license. Read "Art Licensing Tip: Creating the Correct Art Size" to find out more about the size of the art that should be created for products.

– File Format
Most artists scan their art or create their art in Adobe Photoshop at HiRes (high resolution) of 300dpi (dots per inch) because most manufacturers only need 300dpi. However, some manufacturers ask for 600dpi or even 1200dpi when the art is very detailed. The drawback in using a large dpi file is that if the file size is large it takes up a lot of computer space. Also the file takes a long time to transfer to the manufacturer over the Internet especially if the file is a layered Photoshop .psd file. Note: Many manufacturers asked for layered Photoshop .psd or .tiff files so they can adjust the size of the image. Some manufactures also ask that the image have a 0.5 or 1 inch or more bleed. A bleed means that the manufacturer wants the art to extend beyond the cutting edge so that no white area shows after trimming. For example, if the size of the final art will be 28 by 40 inches for a decorative flag, and the manufacturer asks for a one inch bleed, the artist would extend the art an additional one inch on each side and send the manufacturer a 30 by 42 inch image.

When submitting art to manufacturers for licensing consideration, artists normally send LowRes files at 72dpi. Many artists send a LowRes 8-1/2 by 11-inch sell-sheet that has the image(s) and artist contact information on it. Also some artists use sell-sheets to submit a collection of art and product mock-ups illustrating what the art would look like on products.

• Research the Art that Manufacturers License
Manufacturers license art to help sell their products. They are always looking for new art that standout and are popular with consumers. New art does not always mean a new theme but maybe a new refreshed look of a popular theme such as snowmen, lighthouse, or flower gardens. Or, new could mean a new central image(s) in a popular theme such as a mermaid for a coastal theme and elves for a Christmas theme. Or, it could even be a new theme like woodland animals that was introduced several years ago and is still popular.

Successful licensed artists are continually looking at products to find manufacturers that license art and see what kind of art they license. They visit all kinds of brick-and-mortar stores and manufacturer trade shows* that sell to retailers. Searching the Internet is an indispensable method in finding manufactures and checking out the art used on products.  

Note: Finding what art is used on products by looking at manufacturer websites is not always possible because many have their product section(s) and catalogues password protected for use only by retailers. However, by searching the Internet you can find retailer e-stores that show manufacturer products they purchased to sell to consumers.

* Manufacturers exhibit their products at all kinds of trade shows. The most popular trade show that artists attend is the Atlanta International Gift & Home Furnishings Market held in January and July each year. The Atlanta show has a huge number of manufacturers that exhibit their products (both permanent showrooms and temporary booths) so it is the go-to-place for artists to view products that uses licensed art. There are also many other trade shows besides gift shows that specialize in products such as apparel, outdoor equipment, hardware, textile, home and garden, kitchen and bath. Most trade shows can be found in the "Wholesale Tradeshow Calendar". FYI: This tradeshow calendar is not up-to-date with all the show dates but it does list the trade show websites so that you can get accurate dates and location information.  

Note: Because the purpose of trade shows is for manufacturers to sell their products to retailers, they are normally closed to the public and difficult for artists to attend. Read "Art Licensing: Why Walk Wholesale Trade Shows?" to find out more about trade shows and some ways that artists can attend them.

Related Articles
– "Is There a Formula to Successfully License Art?"

– "Art Licensing: The Importance in Knowing What Sells at Retail"

– "List of Manufacturers that License Art"

– "Art Licensing Editorial: Tips on Getting Deals"

– "List of Art Trends" The trends mentioned in this article are NOT up-to-date and you will probably see that some trends mentioned are not now seen on products.

• Know Your Competition
Because there are now thousands of extremely talented artists competing with each other, it is imperative that artists know what other artists they are competing against. Recognizing other artists work as similar to yours is important so that you do not waste your time in continuing to submit art to a manufacturer that is already licensing that artists work. For example, if the art style and themes are Americana and a manufacturer is already licensing art from one or more artists with an Americana look than they probably would not be interested in art from another artist with the same look.

Some manufacturers use preferred artists when they have small product lines such as calendar manufacturers that only produce one or two calendars a year per theme (cats, dogs, birds, coastal, etc.). On the other hand manufacturers that have large product lines such as greeting card manufacturers prints hundreds of cards a year and they are always looking for art. Thus, artists have a better chance in getting a deal from them. Researching the art that the manufacturer has licensed to make sure your art is different but still fits their product line(s) will ultimately save you time and give you a better chance in licensing your art.

• Licensing Realities
Being a licensed artist has its pros and cons. Creating and licensing art for products is hard work. It is frustrating when you submit art and seem to wait forever to get a reply that you got a deal OR you never hear back. The more licensable art you create the better chance you have in licensing it but the reality is that most of the art you create will never be licensed. Theoretically art created for numerous types of products should be licensed for those products but in many cases the art may only be licensed for only one type of product. Now products have a shorter shelf life so monies earned from each licensing deal is lower than what was earned ten years ago. And, now more artists are licensing their art so the competition is stiff and each artist is getting fewer deals than before. Therefore, less artists are able to live only on the money earn from licensing their art.

So why do artists continue to create art for products and try to license it if there are so many negatives? Every artist does it for different reasons. Some love to create and getting paid is a bonus to them. Some need to earn any money they can by licensing their art. Some love to see their art on products. Others enjoy the kudos from family, friends, and artists in creating wonderful art and getting deals. And some even enjoy the challenge in creating and licensing their art. Or they love it all! So whatever the reason, enjoy creating art to be licensed for products :) I wish you much success!!!!!

Your comments are welcome. Click on the comments section (below) to write your comment. Note: Some people have a problem in leaving a comment. The most successful method is to comment as Name/URL (your name and website or blog with a "complete" URL address. For example: http://www.joanbeiriger.com/

Art Licensing Show.com® - One Year Old & Growing

It has been a year since Art Licensing Show.com® (ALSC) first launched their website. And, it is proving to be a popular and successful method for art directors to view images for licensing consideration and for artists to easily connect with art directors.

In case you do not know about ALSC, it is a online website that with one password art directors that license art (licensees) can view thousands of images created by hundreds of artists (licensors). Once the art director becomes a member (at no cost) she/he can see examples of artists’ work, choose potential artist work, and request permission to connect with the artist to view it, or specific themes, or all of their work.

At a reasonable price, the ALSC membership subscription plan allows artists and art licensing agents to upload art into their own secured portfolio on the ALSC website. Artists have complete control in allowing or not allowing licensee members to view some or the entire portfolio.

Note: Artists also has the option to become a member at no cost. They are able to connect with other members and have access to discussion groups and resource pages. But, their art will not be marketed by ALSC and they will not have a portfolio. Thus, they cannot show their work on the ALSC site to licensee members.

As an additional benefit, ALSC is a full-fledged social media site that is focused on art licensing and where members can ask questions and share information in a variety of discussion groups.

Read artist Cherish Flieder's article “Celebrating Art & Licensing” about how the Art Licensing Show began and how to become a member. Also, read “Art Licensing Show.com® - What is all the excitement about?"

1st Year Accomplishments
ALSC is not only successful in continual increasing membership but it has become a wonderful and flourishing community of members that share information and help others become successful in licensing their art. Members have stepped up and volunteered to moderate the different social media groups, give suggestions on improving ALSC, and brainstorming on marketing the ALSC site and ALSC portfolio licensors work.

• Growth
There are now 700 members consisting of licensees, artists, licensing agents, licensing coaches/consultants, and art licensing attorneys. Licensee members represent a huge variety of product industries such as fabric, decorative flags, greeting cards, gift bags, gift wraps, calendars, paper party ware, jigsaw puzzles, toys, wall décor, pillows, checks, coloring books, giftware, and much more. They sell their products to individual retailers, small and huge chain stores, e-stores, non-profit organizations, and as print-on-demand to consumers and retailers.

ALSC has 27 specialized groups that members can join to discuss and share just about anything related to licensing art. Some of the groups concentrate on product designs such as tabletop, greeting cards, home décor, gifts, and textiles. Other groups discuss trends, marketing, tips/techniques for creating art, and post the latest news in the art licensing industry. There is even an art submission group where licensees request art themes they want to license. And, there is a monthly art challenge group, a monthly text chat group, and much more.

• Marketing
ALSC constantly markets licensor profile member’s art on many social media sites such as Facebook, Twitter, LinkedIn, Instagram, Pinterest, Google+, ALSC blog, and posts videos on YouTube. Last year, a group of ALSC members brainstormed on taking advantage of the popular adult coloring book craze to promote ALSC and portfolio licensor members art. They recommended that ALSC publish a coloring book as a free pdf file to be downloaded and printed by anyone. The images could then be shared by family and friends and given to persons in hospitals, shelters, care facilities, and schools to bring happiness and healing by the simple act of coloring beautiful images.

So last December, a 92 page coloring book “Enjoy the Simple things: A Holiday Coloring Book for kids 1 to 92” was released with art created by 70 ALSC artists. The book has been downloaded nearly seven thousand times and shared all over the world. A free pdf file can still be downloaded at
“92 Free Holiday Coloring Pages to Print & Share!” AND a printed bound book can be purchased on amazon.com.

Note: The coloring book project was very successful! So stay tuned for future ALSC promotional projects.

Member Opportunities and Experiences
• Reasons why licensees and licensors joined ALSC
Below are statements from a few members on why they joined ALSC.

1. Susan January, VP of the greeting card company Leanin’ Tree stated in “Presenting Artlicensingshow.Com – A 24/7 Virtual Art Licensing Show” that “I truly believe this site has great potential to help make my work more streamlined and efficient. Coming to one site, as opposed to a hundred different artists’ sites, is a fantastic benefit to me.”

2. Artist Annie Troe in her blog article “Why I am on Art Licensing Show .com!” wrote that
- It is the ONLY Art Licensing Show online.
- Be listed in the ultimate art licensing directory.
- No cost or low cost depending on if you are an Artist or Art Director/Manufacturer.
- Connect with industry leaders – It is a social network dedicated to Art Licensing.

3. Artist Karen Embry stated in her blog article, “Art Licensing Show Celebrates One Year Anniversary” that “With so many options/pricing plans for membership, there is something to fit in every artist’s budget. Art directors can join at no cost."

4. "I (Joan Beiriger) thoroughly agree with both Annie and Karen. An added bonus in being a member of ALSC is that I am able to connect directly with art directors and ask questions. I cannot do that with art directors that are not on the site unless I have already built a relationship with her/him. Also, because ALSC is constantly promoting licensor portfolio members work, my art is being marketed all over the internet at no additional price. You can't beat that!"

• ALSC Member’s Success
One of the most asked questions by artists who are considering joining ALSC, is if artists are getting licensing deals from licensors members and how many. The answer is YES artists are getting deals but there is no way to tell how many because ALSC is not an art licensing agency and artists are not required to report if they have signed a contract. Also most artists do not broadcast their success and those that do wait until the product is introduced into the market. That normally takes a year or more.  But, several ALSC artists have shared their success. Read what they have to say.

1. In artist Annie Troes blog article “Celebrating 1 year!” Annie states, “It has brought me opportunities/manufacturers I didn't know about and sped up my ability to connect with the wonderful art licensing community. Signed a contract to be announced and have another manufacturer shopping my art around to some big stores! This and more has happened for me because of ALSC.”

2. "I (Joan Beiriger) also had the same experience as Annie on ALSC although I have not yet signed a contract. Many art directors are interested in my art and three of them from different industries are shopping many images and collections to large chain stores. I never would have been able to contact these licensees or even realized that several of them license art if I was not an ALSC licensor portfolio member."

3. Illustrator Valerie Hart stated in the interview article, “Coffee & Conversations From Studio to Store” that “The most important way ALSC has impacted my art business is with licensing deals! I’ve signed two in the last six months and I’m currently at the contract negotiating stage with two more manufacturers.”

Hint: Artists who are the most successful in connecting and getting licensing contracts with manufacturers not on ALSC use the same techniques when approaching ALSC licensee members. They do their homework and make sure that their art style and themes fit the licensee product lines before approaching art directors. Thus, successful ALSC licensor members do their homework, are proactive in asking ALSC licensor members to connect with them, and follow-up with a short message describing why her/his art will sell their products. There are so many artists on ALSC that sitting back and waiting for an art director to contact you does NOT work.

To find out more about how to become a ALSC member click here.

If you are an ALSC member and would like to share why you became a member and/or have a ALSC success story that you are willing to share, please write about it in the comment section of this article. Everyone would love to read it!

Your comments are welcome. Click on the comments section (below) to write your comment. Note: Some people have a problem in leaving a comment. The most successful method is to comment as Name/URL (your name and website or blog with a "complete" URL address. For example: http://www.joanbeiriger.com/

Art Licensing Editorial: The Truth About Art Licensing Agencies

WARNING! This is not an upbeat article and is depressing because the art licensing industry is like other industries where people sometimes take advantage of others. The purpose of this article is to warn artists that they need to make sure that they are signing a fair contract or at least know the repercussions in signing an unfair one when they agree to have an art licensing agency represent them.

The truth about art licensing agencies is that there are MANY agencies that are honest, professional, have a fair artist/agency agreement (contract)* and work hard to represent their artists. BUT, there are SOME that are unethical, and/or are not professional in dealing with their artists, and/or have unfair contracts, and/or have poor business practices. Sounds alarming, huh? Well, it is! And, that is why an artist needs to do her/his homework before signing with an art licensing agency. Read the following so that you do not make a bad decision and sign a contract that negatively impacts your income and even worse allows an agency to have control of all your art so that you lose your rights to it.

In the fifteen or so years that I have been in the art licensing industry, I have heard many complaints and some horror stories from artists about the agencies that represent them. Unfortunately, those artists with the horror stores were so pleased that an agency wanted to represent them that they did not read the contract closely enough, understand all the terms, or realize that some terms that should be in the contract were missing. The artist’s big mistake was not to acquire information about the agency's reputation and business practices by asking other artists and not having an attorney that is an expert on art licensing contracts look the contract over before the artist signed it.

* The artist/agency agreement is a contract and is referred to as a contract or artist/agency contract in this article.

Common Artist Complaints about Agents
Most of the complaints I've heard about agencies are not as drastic as unethical agencies and unfair clauses in the artist/agency contract but about the lack of communication between the agent and artist, poor business practices, not getting enough or any licensing contracts with manufacturers, and not receiving enough money from the contracts. Some of these complaints were because the artist had unrealistic expectations such as earning a lot of money from each licensee contract. Read below for more information about agency complaints.

• Lack of communication
Lack of communication and not being on the "same wavelength" between persons is a common human foible. It often results in frustration and may be intolerable when working together. Some artists want to be in constant communication with their agent and feel adrift and slighted if the agent does not immediately answer their questions or respond when new art is sent. Other artists realize that agents are busy and will respond as soon as they have time and are not upset when they do not get a quick response. Although, it does not go over very well if the agent does not respond at all. No one like their emails or art to "drop into a black hole" and not know if the agent received it. Note: Some artists find that if they phone the agent they will get a faster response than if they email her/him. Agents may not have the time in their busy day to sit down and write an email but find the time to chat if their artists phone them.

Some artists expect agents to provide art direction, to send them the latest in art trends, and give feedback from the licensee when art is submitted. Or, there are personality clashes where communication between the artist and agent does not work because they are not on the same wavelength. Not all agencies provide art direction and some depends on the artist to keep up with trends. That is why it is important for the artist to talk with the agent before signing with the agency to see if there are any communication problems, if the agency provide the services the artist expects, and how the agent envisions the artists work will be used on products.

Artist Jill Meyer describes the process she went through in selecting an agency in her very informative article "Finding a New Agent." An important part of Jill's process in selecting an agency was talking and asking lots of questions of the agent before considering hiring the agency to represent her. Also important was talking to other artists about the agency and having an attorney familiar with art licensing agree that the artist/agent contract was fair.

• Poor Business Practices
SOME agencies do not have the best business practices. They are negligent in submitting art, do not make adequate follow-ups, do not keep track of art already submitted or licensed to manufacturers, and do not respond to emails from licensees or send signed contracts back to them in a timely manner. Any of these will damage the creditability of the agency. The following are some complaints I have heard from other artists and licensees.

1. Poor method in tracking art
– Some agencies do not keep track of the art they submit to licensees and thus submit the same art time and time again. Licensees are looking for new art; not art that they already have seen.

– Some agencies book keeping abilities are not very good and they do not keep track of the art that have already been licensed. Thus, they are at risk in licensing the same art for the same product to different licensees and breaching the terms of the contract granted to the first licensee.

2. Poor response to queries and return of contracts
Some agencies do not reply to licensee emails or return signed contracts in a timely manner. Art directors appreciate quick responses and it shows that the agent is professional which helps in promoting future business. Also, a slow reply to a query can mean missed opportunities to license and promote art.

3. Poor follow-up
– Some agencies do not follow-up frequently when licensees show interest in art and thus they may lose the opportunity to license it.

– Also, some are poor in following up when payment of licensing fees are late or contracts do not arrive when expected.

4. Poor method in submitting art
Some agencies submit their artist’s work to their entire client list in what I call a "shot gun method" in the hopes the licensee will be interested in some of them. Instead they should be submitting only the appropriate art for each manufacturer. Licensees do not appreciate getting a ton of art that is not suitable to be put on their products and will eventually not open emails from agencies that submit art that way.

• Not enough deals or pay enough
Artists may not get licensing contracts because the agency does not have a list of licensees that is suitable for the artists work. Of course, the agency should never have signed the artist for representation if they did not think they could license her/his work. Or, it could be due to the impact on the licensing industry with the change in consumer spending and also the increase in competition of artists vying for licensing deals. The change in consumer spending has drastically changed the way retailers sell products. Retailers now order lesser products from manufacturers and the shelf life is shorter. Thus, licensing revenue per image is less than it was before the recession struck in 2008. Consequently it is not the fault of the agency to now get fewer and not as lucrative licensing deals for their artists.

Artists and art licensing agencies are struggling to get contracts and bring in revenue. In the article "You Are Not Going to Make It in Art Licensing" art licensing agent Jim Marcotte of Two Town Studios wrote, "Art licensing today is an industry in search of a workable model. The scramble is on - agents and artists who used to make their money by licensing art are now finding ways to collect from (mostly newbie) artists in ways that run the gamut from coaching to holding contests. Some agencies are accumulating artists, hoping that more people earning less money can make up for the reduced sku counts and short market runs. Branding agencies are taking on artists and art agencies are promoting brands, and both are consulting for manufacturers who are buying art worldwide and licensing art only when they have to. It’s a wild time in the biz." Jim's article is a very "tough pill to swallow" but his aim is not to discourage artists so they quit trying to license their art but to energize them by trying new ways to license it. To get Jim’s perceptive on licensing art in today's market, read his article.

Note: I recommend that you read Belgium surface designer Ine Beerten's article "The Big Contest Dilemma" if you are interested in entering a design contest. Ine wrote a really thought-provoking article about contests. She ended her post with "So what do I hope you take away from this post? I hope you think careful when you enter a contest next time, think whether it’s just an easy way for the company to get free artwork and cheap marketing and whether the prizes are truly fair, or if you can really gain something that is actually worth something to you. By entering these bad contests you only help them devaluating your own and other artists’ work!"

Artist/ Agent Contracts
In "16 Art Licensing Agent Agreement Essentials" by licensing consultant J'net Smith, she states that "It’s easy to get excited about the prospect of finally signing with an agent and forget to make sure that the contract is not only fair to both of you, but includes everything you need. . . Don’t accept the first contract you are given without understanding all the obligations and ramifications of each clause. It may be your first and the most important contract you will ever sign."

Artists may interpret the terminology and meaning of legal terms or poorly written clauses in a contract incorrectly. And, if clauses that should be in the contract are missing such as the date and terms specifying termination, the artist may be obligated that the agency continues to represent her/him forever. That is why it is recommended that an attorney experienced in art licensed legislation look over the contract before the artist signs it. It is less expensive to pay an attorney to make sure the contract is fair to the artist than to pay him/her to try to free the artist from a bad contract even if it is possible.

• Unethical business practices and contract terms
What I deem unethical is when an agency does not pay monies due to artists for licensing their art or taking advantage of artists by having clauses in their artist/agency contract that takes control of the artists work and denies the artist usage of their own work.

Several years ago two artists told me that their agencies were not paying them revenue for their art being licensed. Their agents insisted that the art had not been licensed and yet the artists saw their art on products in stores. In one case, the artist was able to get monies owed by hiring an attorney. In the other case, the artist found out that her copyright was infringed upon and the art was illegally used. It is important that artists be constantly looking for their art on products in stores and on the Internet. And, getting their friends to help. That may be the only way that an artist finds out that their copyright has been infringed upon.

In the article "Hot Words to look out for in contracts" art licensing agent Lance Klass of Porterfield's Fine Art Licensing discusses the word "assign" and the consequence when used in any art/agency or licensee contract. He wrote ". . . when you see the hot word "assignment", make certain that you're not assigning the copyright or all reproduction rights to your artwork as a part of the agreement. If you do, it's lost to you forever. Other people will control the reproduction rights to your art, and you'll actually have to ask their permission to reproduce the art that you created."

Lance relates a couple of horror stories that artists endured by signing bad contracts in his article "How to Avoid the Most Common Mistakes in Licensing Your Art". In one example, Lance said ". . . This agency, which just happened to be owned and operated by the same people who owned and operated the publishing company, gave itself the exclusive right to publish any or all of the artist's work for the next five years and to sublicense his art to anyone they wished, whenever they wished". He stated, "If there's any one piece of advice I could give an artist about to enter a legal agreement, it is to read every single line in the contract and make sure that you totally understand it. I know that isn't easy for most people, but don't get in the water if you don't want to get wet. If you find that there are sections or sentences that aren't written clearly, don't say what you want, take away a bit more of your rights than you feel you want to give, or if any of it seems confusing or contradictory, have the company rewrite it in plain English. . . . But don't let this stop you from promoting your art for license. Most companies are quite reputable and many contracts are completely understandable by the average human. Just make sure you read every word, and know what it means".

• Unfair contract terms and business practices
Not all agencies have unfair terms in their art/agency contracts but some do. Terms that seem unfair to artists are usually in the contract because of the way the agent decides to operate the agency. For instance, a clause in the contract may state that the agent will make all decisions in licensing the art. That means that the artist has no say-so in what company manufacturers her/his art, will not have the opportunity to approve or not approve the licensee contract or even see it, and cannot approve the amount of royalties or flat licensing fee that will be paid for the use of the art. That is unfair to the artist. But, the artist may trust the agent to do a good job and is willing to sign the contract because she/he wishes to be represented by the agency. What is NOT acceptable is if the artist is blindsided and not aware that the terminology in the clause gives the agency that right. And, that is the reason why an art licensing attorney should be hired to point out unfair terms in the contract before it is signed. Note: Yes, there are agencies that have that clause in their contract.

Below are more contract terms and business practices (may not be in the contract) that may be construed as unfair to artists.

1. Artists do not get to see licensee contracts
A variation on the above unfair term is that an artist does not see the licensee contract but gets to approve or not approve the contract. The agent sends a form to the artist with the basic terms of the deal so that the artist can sign it for approval. Just like the above term, the artist must trust the agent that she/he makes sure that the clauses in the licensee contract is fair.

2. Agencies continues to receive commission after termination
Most agree that the termination clause is the most important clause in the artist/agency contract. In his article "The Artist – Agent Relationship" art licensing attorney Joshua Kaufman states, "The greatest issue of tension and dispute between artists and their agents surround post-termination issues. . . . The issue of how long an agent is entitled to keep receiving its commission after the contracts terminates, is one that is strongly negotiated. Agents of course, wish to be compensated for not only the full term of their contract but for the term of the licensing agreement and of all extensions and renewals. The artist wants to limit the payment to the agent after their contract expires. Agents believe that they secured the contract, they work long and hard, had to wait for their money and should be entitled to their receipts throughout the term of the contract. " Note: Most contracts do give the agency the right to continue receiving commissions from the contracts they obtained for the artist until the contract expires and no renewals are requested by the licensee.

3. Agencies continues to represent the artist after termination
Some agencies have clauses in their contract that allows them to continue representing the artist after the termination of the contract. The representation is for an additional several years after termination and is limited to those licensees that the agency obtained contracts for the artist's work during the term of the contract. There are questions on the legality of this clause according to attorney Joshua Kaufman in his article "The Artist - Agent Relationship". He states "One finds in many agreements prohibitions against dealings by an artist, post termination, with the agent’s clients. First of all there is a question (which depends on which state law applies) whether those clauses are enforceable and to what extent. . . If the agent’s client list is very large, and there is a blanket restriction against dealing with the agent’s clients, and this precluded the artist from doing business or greatly hampered their ability, many states will disallow the restriction."

4. Do not allow any interaction between the artist and licensee
There may not be a clause in the artist/agency contract but some agencies do not allow their artists to interact with licensee art directors. All licensee requests for high-resolution art are sent to the agent who forwards it to the art director. And, all requests for editing of the art go through the agent. This is awkward and frustrating to the artist. It is much easier and faster for the artist to make art changes if she/he works directly with the art director.

5. Artists do not get to approve samples
Not all licensing contracts allow the approval of art on the products before they are manufactured. But if it is in the licensee contract, the agent normally approves the samples and not the artist. That restriction may not be in the artist/agency contract but because of licensee time restrictions it is not usually possible for the agent to ship the sample to the artist for approval.

6. Artists are required to pay part of booth and marketing expenses of the agency
Many agencies do not require artists to pay any of the agency expenses. But, if they do required their artists to help with trade show and other agency expenses it should be clearly spelled out in the artist/agent contract according to art licensing consultant J'net Smith in "16 Art Licensing Agent Agreement Essentials".

Summary
There are many good art licensing agencies. But, do not get blindsided and sign a bad contract. Do your homework and ask agents for recommendations of artists in their agency to talk to and/or look at agency websites for the artists the agencies represent. Select a few artists and find out their contact information from their own website, Facebook or LinkedIn. Either phone or email them to ask questions about the agency. Make sure that you fully understand all the terms in the artist/agency contract. And better yet, hire an attorney that knows the ins-and-outs of art licensing to look over the contract and point out any unfair clauses before you sign it.

For a list of agencies, read "List of Over 50 U.S. Art Licensing Agencies". But, you need to research the agencies yourself because I am not familiar with all of them or their artist/agency agreements (contracts).

Resources:
The above post mentions quotes from the following articles. I recommend that you read these articles because they contain a lot of important information you should be aware of.

• "Finding a New Agent" by licensed artist Jill Meyer

• "You Are Not Going to Make It in Art Licensing" by art licensing agent Jim Marcotte of Two Town Studios

• "The Big Contest Dilemma" by Belgium surface designer Ine Beerten

• "16 Art Licensing Agent Agreement Essentials" by art licensing consultant J'net Smith

• "Hot Words to look out for in contracts" by art licensing agent Lance Klass of Porterfield's Fine Art Licensing

• "How to Avoid Mistakes in Licensing Your Art" by art licensing agent Lance Klass of Porterfield's Fine Art Licensing

• "The Artist – Agent Relationship" by attorney Joshua J. Kaufman

Your comments are welcome. Click on the comments section (below) to write your comment. Note: Some people have a problem in leaving a comment. The most successful method is to comment as Name/URL (your name and website or blog with a "complete" URL address. For example: http://www.joanbeiriger.com/ ).

Art Licensing: How to Transfer Multiple & Large Hi-Res Files

Often it is not an option to send electronic images to clients on CDs or DVDs via snail-mail (postal delivery) because in the art licensing industry manufacturers need high-resolution (HiRes) files as soon as possible to meet their deadlines. And, if there are many files to send and the files are large, there may be a problem sending them via electronic mail (e-mail) because the recipient's e-mail carrier often limits each e-mail to 25MB or less. Most of the Hi-Res files requested by my clients are 3MB to 9MB. If three or more images are requested, they usually cannot be sent in one e-mail because it will most likely be rejected by the e-mail carrier. And, if a large Hi-Res layered Adobe Photoshop image needs to be sent it may be at least 250MB in size that is impossible to transfer via e-mail. Some manufacturers have ftp (file transfer protocol) sites where an artist can enter a password and upload large files. However, most do not.

So how can artists transfer multiple and large HiRes files to manufactures? This is where internet file sharing host services make it possible such as dropbox, Goggle Drive, YouSendIt, MediaFire, RapidShare, ShareFile, etc. Most of them are free with limited options. Additional options are available at a cost.

One of the most popular file sharing service used by artists is YouSendIt.com. The free version allows a person to store up to 5GB of files on the YouSendIt site with a maximum of 100MB per file size. The files can be customized for the length of time they are stored on the site. YouSendIt also tracks when files are download and by whom which makes it convenient in tracking that the client received the file(s). The downside to the free version is that only a link to one file at a time can be sent to a recipient via a YouSendIt e-mail. But, for $9.99 per month, a person can store up to 25GB and send links to multiple files with a maximum of 1GB file size. Note: I purchased the service so that I could send links of multiple large Hi-Res files to all my clients (manufactuers, publication editors, agent) with one e-mail. With the limitation of the free version, I found it VERY cumbersome and unprofessional to send multiple e-mails when clients requested numerous images! All my clients find YouSendIt sent links straightforward and easy to download files. I usually limit the storage time of each file on the site to about ten days for security reasons. That way, not many images are available if the site is hacked (unauthorized access was gained to the site).

To find out about other file sharing services, read "10 file-sharing options: Dropbox, Goggle Drive and more" by Serdar Yepulalp on the Computer World website. He described and listed the options of MediaFire, RapidShare, ShareFire, YouSendIt, Box, Dropbox, Google Drive, Minus, SkyDrive, and SugarSync.

Please share your experience with any file sharing services. Click on the comments section (below) to write your comment.

Creating Licensable Art: Composition Tips

If artists have a formal art training they may already know what makes a painting appealing to consumers besides the theme. But if they are self taught artists like I am, learning what makes good art by using the principles of design and compositional techniques to give the art unity may help them create better art so that it is more licensable.

The correct placement of motifs and color in a design or painting is one important aspect in a good composition. The techniques used to achieve it are well documented. For instance, the Rule of Thirds gives the design a pleasing balanced composition. The Rule of Odds makes it more interesting. Using an asymmetrical balance of the principal image in a design also makes it more interesting (see the example at the top of this article). The Rule of Space, Simplification, Limiting focus are a few more ways to attain good compositions. Note: Do not forget to apply composition techniques to colors beside motifs in a design.

The techniques mentioned above are not used individually but several are combined. Each artist chooses their own combination of techniques and some artists purposely break the rules of a good composition to create their own effect. But breaking the rules may be okay in paintings for home decor but not for designs to be placed on products. For instance, using both the Rule of Thirds and the Rule of Odds works well for patterns. The balanced look of the composition creates pleasing repeats. Those techniques also work well for backgrounds with motifs. The balanced background motifs do not detract from the central image(s) but still gives interest to the overall design. And using the technique of limiting the focus in the main image(s) works for greeting cards and decorative flags because the main image is the most important element of the design. Note: An artist does not have to blur the background to focus the eye on the image shown in the article "Composition (visual arts)" from wikipedia.org. Other techniques such as using saturated colors on the central image and unsaturated colors for the background also focuses the eyes on the principal image.

Read the following articles for information and to view examples on the principles of design and how to create good design compositions.

• "Art Composition Rules: Rule of Thirds" by Marion Boddy-Evans"

• "Composition and Design, elements, principles, and visual effects" by Marvin Bartel"

• "Composition (visual arts)" from wikipedia.org

Make sure that you read the comments.  Artist and photographer Erin Sparler has posted more links to in-depth articles on composition.

Comments are welcomed. Enter them in the below comment section.

Discover the Magic of Adobe Bridge

Maybe you are aware of Adobe Bridge software and most likely own it BUT do you use it? If you don't, I recommend that you start immediately. Bridge is a great tool for accessing all of Adobe's software, for finding and organizing all types of files, and much more. It is included with most Adobe software including Photoshop (PS), Illustrator (Ai) and Creative Suite (CS) so you already have it if you own version 2 and above.

So what is so great about Bridge? To see, watch "Adobe Bridge Tutorial - Why use Bridge?" Bridge can be used to access all of Creative Suites software, find files, batch rename files, organize files such as assigning colored labels or star ratings, and edit metadata, keywords and IPTC* information embedded in the file. It can also create pdf contact sheets and flash slideshows with version 4 and above. Below are links to video tutorials on how to use some of these features.

"Batch renaming with Bridge CS4" This method can also be used with Bridge CS2 and above.

"Photoshop Tutorial: How to batch resize / save as jpg (In-Depth) Beginner" Batch resize can be done in PS without Bridge but there is an advantage by organizing files in Bridge before switching to PS to do the batch resizing.

"Learn Adobe Bridge CS4 - Working with metadata and keywords" Using metadata and keywords in files is a useful way to organize files. However, I do not recommend publishing files on the web with this type of embedded information. Web crawlers can easily use this information to upload these files into public domain art sites. The more difficult you make copyright infringers to find your art, the less chance your art will be stolen.

"Create A Flash Picture Gallery With Adobe Bridge CS4"

"Amazing hidden features in Adobe Bridge CS5 and CS4"

*IPTC is a scheme for metadata standards developed in the early 1990s by The International Press Telecommunications Council for photographs. It contains information of the creator, contact information, file description, keywords, and copyright. Note: It is advisable to embed at least the creator, and copyright information in all art files to protect against copyright infringement. Go to File/File Info of the opened document in PS and Ai to enter the data or use Bridge to append the information. See item 4 (below) for a description on using metadata templates to quickly append information to files.

The following are reasons why I find Adobe Bridge indispensable.
1. I have thousands of art files and nearly forty thousand digital photographs that I have taken for reference. Some files are stored on my computer internal drive and some are stored on various external hard drives. Managing and naming all those files is a horrendous task and I must admit I haven't always done a stellar job. Thus, locating the files that I need can sometimes be difficult. With Bridge, I can select a likely folder on any of my drives and thumbnail images of the files and folders appears in a window. Then by selecting an image (or multiple ones by holding down the shift key) the image(s) is enlarged in another window. That way I can see at a glance whether the file is the correct one. If it is, I simply double click on the thumbnail and it opens in the software that it was created in.

The above Bridge example shows 24 thumbnail images of the files that is in one of my folders (grey background window), an enlarged image of a selected file (window at right), and format, size, mode, etc. information about that file (listed in window under the enlarged image).

2. Open a file/document in Photoshop (or Illustrator) and then use Bridge to find previously created documents of icons and designs. Without opening the document(s), drag it (them) into the opened PS document to enhance the existing art or into a new document to create patterns. Not having to open files sure saves a lot of time. Hint: If you wish to save icon/design PS documents with a transparent background, do not show the background layer while in PS and save it as PGN instead of jpg.

3. When I am sending art to clients, I want to make sure that the files are the correct document type (jpg, pdf, PS, Ai, etc.), have an embedded color profile and copyright information, the correct color mode (RGB, CMYK), resolution, file dimensions, etc. In Bridge it is easy to click on the thumbnail image and see that information without opening the file. If the copyright information needs to be added, it can be done in Bridge. And if other information in a file needs to be edited, it can be opened and corrected in the software that it was created by double clicking on the thumbnail image.

4. As mentioned previously, it is advisable to embed metadata copyright information into art files to help protect art from copyright infringement. When art is created in PS or Ai, information can be entered by going to File / File info . . . / Description menu but it is boring to enter the same information in every file and easy to forget to do it. A trouble free way to embed important metadata information in files is to use Bridge and create metadata templates to quickly apply the information to one file or multiple files at a time.

To create a metadata template in Bridge, go to Tools, open Create Metadata Template . . . and enter a name of the template and any information you wish in the IPTC Core window. Make sure that you select the box next to the entered information so that it will be saved. Note: There is a lot of information that can be embedded into files. However, I embed only the information that I consider the most important such as Creator, Creator Job Title, Creator Country, Copyright Notice, and change the default Copyright Status from Unknown to Copyrighted. In the Copyright Notice I put: © (artist name) - All rights reserved except those specifically granted herein. Contact (artist name) at (artist e-mail address) to inquire about any reproduction of this image.

To apply the metadata template to a file, click on the thumbnail image or select multiple images by holding down the shift key. Then go to Tools / Append Metadata / name of the metadata template.

With all of the functions that Bridge has, it is no wonder why I love it. If you haven't yet used Bridge, try it and you too may find out that it is indispensable when managing and creating your art collections.

I welcome any comments or suggestions. Please write them in the comment section below.

Adobe Creative Suite 5 Announced: Includes New Photoshop Effects & Tools!

Today Adobe announced their soon to be published (mid May) Adobe Creative Suite 5. And wow! there are some new effects and tools in Photoshop that will knock your socks-off. I'm sure that the other software in the suite also have some great improvements but this blog article only discusses Photoshop CS5.

Photoshop CS5 has faster performance across platforms, efficient workflow, better media management and superior HDR imaging. Added are new painting brushes and effects, ability to remove images faster and better from backgrounds, ability to do a better job of selecting intricate image elements such as hair, ability to create 3D text and artwork easily, and ability to do precise warping of images. Check out "What's new in Photoshop CS5 Extended" to view VERY short videos of these new effects and tools. The upgrade price depends on the software version you already own.

Below are some of the new tools and effects in Photoshop CS5. I can see all sorts of uses with these in creating and improving art, photographs, and product mock-ups!

Extraordinary painting effects 
A new painting mixer brush with numerous bristle tips that let you create lifelike, textured brush strokes have been added to the tool bar. View "Sneak peek of new Photoshop CS5 technologies" for a demonstration.

Content-Aware Fill
You can easily remove any image detail and have the background filled as though the image never existed. Removing images in previous versions of Photoshop required a little work with the clone tool but this looks even faster and easier. Note: I'm really worried about how easy a person can remove copyright information from paintings with this tool. Check out "Adobe Photoshop CS5 - Spot Healing and Fill Tool" to see a demonstration.

Complex selections made easy
You can easily eliminate background color around images using masks with new refinement tools In CS5. This is suppose to be a better way to select details such as hair. View "Adobe Photoshop CS5 - Better edge detection and masking results in less time," demonstration 2, and demonstration 3 on how this effect can be used.

Puppet Warp
This is a new tool with detailed mesh and the ability to add and remove control points to precisely warp and stretch images. This is a huge improvement of the warp tool in earlier versions of Photoshop. View "Sneak peek of new Photoshop CS5 technologies" for a demonstration.

3D extrusions with Adobe Repousse
This new effect allows you to twist, rotate, extrude, bevel and inflate text and designs. This "may" work for creating some product mock-ups (dishes, etc.) but needs to be tested before knowing for sure. View demonstration one and demonstration two to see some of its capabilities.

Comments and suggestions about this article are greatly appreciated. Click on the comment section below.

Resource: Portals to Color Sites

The following two portals has links to many sites that show color pallets for art inspiration, examples of color mixing, let you generate color palettes from paintings, and much more.

1. Check out Kate Harper's blog for her articles Fantastic List of Color Resources and More Great Color Resources.

2. Download a free color tool bar that you can use in conjunction with your internet browser. It was created by Cherish Flieder and links to over 30 color sites.