This month we are looking into the curious world of licensing your artwork. Many of you have asked questions about what it means, why one should do it, how to go about licensing your art, and the challenges around copyright. So that’s what we’re going to cover.
Above image: Yukka Flat, 2019, Charles Inge, Acrylic on canvas, 120 x 160 cm | 47.2 x 62.9 in
Claudia Kennaugh
Expert Advice on Licensing Your Artwork
What Does It Mean to License Your Artwork?
Licensing your artwork means allowing a person, business, company or organisation to use your work for their product or project. This could be for a physical item like a book cover or a cushion, or an advertising campaign, either in print or online. You may also be asked if the original piece can be featured in promotional photography for marketing or TV/film. As creator of the work, you will need to grant them the license to use it and be paid for doing so.
There are various ways in which you can receive payment. If it’s an advertising campaign you are likely to be offered a flat fee or ‘buy out’ for a set term of usage. For product sales you might be offered royalties on each item that sells – or an advance fee plus royalties. If it’s a big brand, royalties might be beneficial in the long run and a welcome passive income as opposed to an initial lump sum. I suggest doing some homework on the different models to make sure it’s worthwhile for you.
Untitled
David Kinsey
Acrylic on canvas, 76.2 x 101.6 cm | 30 x 40 in
Why Should an Artist License Their Artwork?
Licensing art gives you an alternative avenue to sell your work, and an opportunity for pieces that haven’t sold in their original form to have a new lease of life. Could one of your compositions be manipulated into a repeated pattern for wallpaper? Or, if your style is more painterly, could you envisage it on clothing or tableware? A brilliant artist I used to represent, Bridget Davies, collaborated with Anthropologie to create a charming collection of plates with her watercolours of knives and forks. You want to make sure the brand alignment is harmonious with your ethos as an artist and always consider how licensing your artwork affects the sales of your originals.
It’s also worth considering whether this way of working is right for you. It requires flexibility and a collaborative nature, often within a more corporate framework. So if you are someone who doesn’t enjoy doing commissions or working to a brief then this is likely not for you.
Hunters of the black swan, 2024
Danny Leyland
Oil on canvas, 90 x 120 cm | 35.5 x 47 in
How Does One License Their Artwork?
This is not an overnight process but there are two routes you can take. Before you start, have a good think about what products/campaigns you can actually see your artwork suiting so you can visualise whether it would work. Then make sure you have high quality scanned files/images of your work. You’ll need to research the types of files required and it will pay to keep your original versions of any digital designs so you can make swift edits.
The first route is to pitch your work directly to brands/companies. Prepare a portfolio of designs that have a clear alignment to their aesthetic, including mock-ups of your work on relevant products to showcase the potential. The second route is to go through a licensing or marketing agency. Again, you’ll want to build a portfolio but this time include a range of designs, organised into themes or ‘sets’ of different moods or subject matter. As they will be servicing lots of clients they will want to see versatility. At the same time, there needs to be a visible thread to the work or it will lack soul. Remember, you are now competing with AI in this realm so it’s less about being a robot that can do anything but rather an artist who has a unique vision.
Thinking, 2022
Ki Yoong
Oil on board, 29 x 21 cm | 11.4 x 8.2 in
Do You Need Different Licenses for Different Platforms?
The licensing deals and payment models differ depending on whether it’s for commercial use, TV/film or promotional/marketing purposes. Other variables include length of usage, and the territories the product or campaign will be available in. This is where it can be useful to seek advice from an agency that can manage the deal on your behalf.
Backwater Dream, 2018
Claire Cansick
oil on canvas, 122 x 76cm
What Are the Challenges of Image Copyright in the Digital World?
There is often a big question mark over the ownership of an artwork once it’s in the online realm. Regulations within social media are constantly changing so it’s important to check the terms every time social media platforms update themselves. But as the creator of the work, you will automatically retain the copyright for your artwork. You do not need to register for copyright of your work in the UK. You would have to actively ‘assign’ copyright to someone else for them to own it.
Brexit, 2018
Shanti Panchal
Watercolour on paper, 100 x 80cm | 39 x 31in
What to Do if Your Artwork Has Been Copied or Used Without Permission?
There is a brilliant resource offered by DACS – The Design and Artists Copyright Society called DACS Payback. If you notice your work being featured on a TV show or in a campaign or website, you can log it in the system and you’ll be paid your royalties due.
Instances of copying are much less straightforward to contest. This is where having an organised inventory of your artworks is very helpful proof. Back when I was a professional musician I used the very high-tech system of posting a CD of my recorded songs to myself, along with a page from the newspaper that day. It was important not to open the parcel as the sealed envelope with the dated newspaper was proof of completion date of the work – acting as copyright. You could do something similar with printed photographs of the work. On most computers, a file/photograph will show the date it was created so this can also serve this purpose.
It can be very upsetting if an artist is seemingly imitating your work but it is possible they came to a similar line of inquiry by coincidence. So it’s best to do your research on their timeline before confronting them. If it’s a business it might be more obvious so in this case I would seek legal advice as they are in breach of copyright.
Licensing your artwork can sound like a bit of a minefield but once you start researching it will make more sense. So, if you think it’s right for you, have a go at building a portfolio and get clued up on the fine print so you’re protected before you pitch.
Further Reading
Expert Advice on Selling Your Artwork
Defending Artists’ Rights In The 21st Century
How to Create the Best Digital Photographs of Your Artwork
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