Topics covered by attorney Chery Hodgson on January 20, 2010

• Is it ok to use licensee logos for links on my website or should I get permission first?
  If I create art as a person (outside of my business), but then want to license it via my business, how do I set that up?
• Do I need to move my business license each time I move to a different state?
  We have a licensee that hasn't provided reports and after a year claims there is no revenue. Is there a way to handle this properly without exorbitant legal fees, or should we just walk away?
• What if anything can I do about a company who has blatantly copied a design of mine and is selling it if I haven't registered it with the Library of Congress?
• How do you work with multiple manufacturers in the same category without getting into conflicts of interest?
• I've recently been told that because I do different kinds of art - I should use a pseudonym (like a stage name) to differentiate my styles. What are the legal ramifications of this?
• My web site artwork was © in 2005 Now that it's 2010, should my website say ©2005-2010? Do I need to re-register with the copyright office?
• Several questions and more details about how to register groups of art in a single submission to the Library of Congress to save time and money.

Topics covered by art licensing agent, Suzanne Cruise on December 16, 2009

• How do you know if you are ready for an agent?
• How often do agents want art?
• What criteria does Suzanne use when deciding if she will represent an artist?
• Does an artist have to have experience in licensing to get an agent?
• How much art do you need to find an agent?
• Do different agents specialize in different product categories?
• Can you work with more than one agent?
• Do many agents work on a non-exclusive basis?
• What if you do mostly pattern work - will you be able to find an agent?
• Is it a good or bad idea to build a following for a character on sites like Zazzle and personal websites before trying to license the character, or will that hurt the chances of success?
• Do artists have to have computer skills to succeed in licensing?
• What computer skills would be helpful for artists to know if they want to license their work?

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Topics covered by Tara Reed on November 18, 2009

• Why did you choose to divide your efforts between teaching and licensing your own art?
• I'm not sure what to charge for my design, what is the average price to charge?
• What one thing could I do to make the biggest impact on getting started in art licensing?
• What are your top 5 suggestions for connecting with end consumers to positively build an art licensing brand?
• What are the top grossing art licensing themes?
• When starting out, is it good or bad to list companies that you license with?
• How do manufacturers license a collection? (whole collection, pieces, etc.)
• How do you make mock up samples by hand or on computer?
• What marketing materials do you use at a show? & where should I go to get them?
• What do you consider the most effective but also economical marketing techniques/tips/must-dos for a self-represented artist?
• Submitting art directly to a manufacturer vs. having it on a website - how does an online portfolio affect the perceived 'newness' of the art?
• Which is better - specializing in one look and build that as a brand or have many styles and themes?
• Is it possible to succeed in licensing if you have to work full time to pay the bills? Any success stories?
• What is your opinion about working with a licensing agent as opposed to working independently?

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Topics covered by Paul Brent on October 21, 2009

• Trends - life cycle, spotting, when to jump on board or let them pass you by
• How many collections does Paul paint a year?
• Create a variety of patterns & styles or stick with one starting out?
• How do you make landscapes commercial enough to license?
• How to you differentiate yourself and stay unique?
• Can you submit to more than one company in an industry at a time?
• How often can you contact a manufacturer? Are there rules or guidelines?
• When did Paul decide to exhibit at SURTEX and what was his business like up until that point?
• How do you advertise your art?
• Is the economy affecting who you work with and what themes manufacturers are looking for?
• Do US copyrights protect us overseas?
• Should a company that exhibits at the Stationery Show but wants to get into licensing exhibit at SURTEX?
• How should an artist market themselves without an agent?
• Should you include a contract when submitting art for review?
• How should you format collections of 4 images?
• Are there colors to avoid or that are harder to reproduce on products?

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Topics covered by Jill Seale on September 16, 2009

• How Jill got started with “Nun for the Road™”
• Do the same companies that license art also license characters?
• What does a character collection consist of?
• How do you pitch or mock-up a character presentation?
• How is character licensing different than art licensing?
• How should I go about licensing a character I’ve come up with? How ‘true’ should the character stay to herself vs. appealing to as many diff. women as possible?
• What is the best way to introduce a new character line?
• How important is it to have characters in a book, etc. before trying to license them?
• Does building a fan base help or potentially hinder licensing deals?
• How do you manage the long-term exposure of a character & stay fresh?

Topics covered on August 26, 2009

• I am just beginning to learn about licensing my art; what should I do to get started?
• I would like to know if, and how, we should sign our original art for licensing.
• I've been told and also feel that I need to create a distinctive "look" for my art that is unique and all my own, but I'm having a difficult time doing that. Any great suggestions?
• Would there ever be a situation where an artist would assign his copyright and/or design rights to another company or should an artist always keep their copyright?
• Do you have any suggestions on how do you get manufacturers to work with you if you have never had work licensed before?
• How much am I hurting my chances of my samples being seen by an appropriate person, if I mail to just "Art Director" instead of a specific name because I can't get the name?
• I have 2 MAJOR fine art publishers very interested this month in licensing out the same or similar pieces for poster/giclee market. I am getting copies of their contracts to review but how do I know which co. is best for my work?
• Is it a good idea to keep your art private..not published on a blog or facebook if you are planning to try to get licensing?
• What are the pros and cons of having the portfolio in my web site password protected?
• Discussion of how to decide if & where to exhibit at trade shows and the many options.
• How do you keep professional and personal lives separate when they share/overlap space?
• What % of your time is spent on your art, your marketing, your office work & everything else?

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Topics covered by Attorney Cheryl Hodgson on July 22, 2009

• What are the dangers of being sued as a sole proprietorship with no employees? What steps would you suggest to protect yourself from them?
• I photograph vintage cars and license my images to art publishers. Am I infringing on copyrights when I photograph old Fords or Chevys? Do I need a property release?
• I am a Nashville based artist and a portion of my portfolio includes painted images of local landmarks. I have sold many of these images already but have been asked to reproduce some in a postcard collection. If I've already sold the originals, do I still have the right to reproduce them in this manner? The original was purchased by a local collector from a gallery that represents my work.
• I hear so many conflicting reports about loading my artwork on websites! Is there any "red light" language we should look for before uploading our art?
• What are the most common disputes that arise between licensors and licensees?
• The difference between trademarks and copyrights as well as what and when to trademark. (And why it is so much more expensive than copyrights.)
• I have many collections of art that I am copyrighting. Because there are so many pieces, I would like to group them in as few bundles as possible (to save $). I have heard of artists doing quarterly registrations like that. How many pieces of art can safely go into a collection and what would be too much? I want to cover my bases, be cost effective, but also adequately protect my art.
• I frequently register my art with the US Copyright office, but consistently discover my work being copied on sites like Etsy. "Police-ing" the offenders is such a time waster, but it seems necessary. Do you have any advice on how I can protect myself, other than officially copyrighting my art?
• How can I protect artwork that is on my website? Should all my image collections be sent to the Washington DC copyright office to be formally copyrighted prior to making presentations?
• How do I find a good lawyer to negotiate my licensing contracts? I have tried a regular lawyer who was a friend of the family, a lawyer in the publishing field, and a contract attorney. All of them have been very expensive and did not adequately cover my rights (which became obvious when issues came up after signing). What kind of lawyer do I need, how do I find him or her, and how do I know if they are good at what they do? Also, do you recommend using a lawyer in your area or is working remotely fine?
  (Note from Tara: Great attorney answering the questions, your search just might be over!)
• What are the top 3 most important things that you should be aware of before signing a contract with a manufacturer?
• If an artist licenses one part of a large piece of art, can that artist also license another part of the same art as long as it is not the same part?

Be sure to visit her site www.brand-aide.com for a free chapter of the BRANDAIDE Internet Enforcement Manual and to get on the mailing list for Cheryl's monthly Ezine.

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Topics covered by Paul Brent on June 24, 2009

• What are most common mistakes/ misconceptions that people make about art licensing?
• Positive words of inspiration for artists in the early stages… It all gets a little overwhelming. Some ""words of wisdom"" from someone like you who has achieved much success in this industry would be appreciated.
• You mentioned in your first session that you create four paintings per collection. Wouldn't it be more time efficient to create only one painting per collection and then create more if needed?
• How do I know when I'm ready for an agent?
• Do you make art and then license it or can you make connections and make art to fit a specification for a certain company?
• I have heard a lot of buzz about using Photoshop. Is this the best way to go or is it still just as acceptable to paint in traditional techniques such as watercolor, acrylic and oil?
• How did you find a good graphic designer to piece together your images/scans? Did you start out doing it all yourself? It's taking a lot of time away from my art to try and learn the program!
• What is the best way for a new artist to get their his/her artwork in front buyers? Website, agent, etc?
• Can you talk about what ""branding"" means in terms of art licensing? How does an artist begin to ""brand"" his/her name or work, and why is that important in this business?
• How many licensing contracts do you initiate as a result of a tradeshow vs. directly marketing to manufacturers?
• How many of your licensed products come as a result of having a manufacturer come to you with a product needing art versus your company proposing/pitching product ideas with art to manufacturers -- and what tips would you have for artists attempting to pitch product ideas with their art on it to manufacturers? This seems a more proactive approach.
• When starting out would you recommend licensing only or both licensing and selling artwork to manufacturers?
• With the current economic conditions, do you think it's a good idea for me and others thinking about it, to start pursuing a career in Art licensing?
• What are my chances as an African American Artist with a totally fresh with new image design concepts in the Art Licensing industry?
• I've been an editorial illustrator for 10 years and have been selling my own editions of giclee prints at street fairs. I would like to offer my portfolio for licensing for the first time. Would I be better off with an agent or representing myself at Surtex? I do have some sales skills. Thanks for the advice.

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Topics covered by Tara Reed on May 27, 2009

• How do I know that my work is suitable for licensing and who is a good fit for my work.
• Do you need a business license to license your artwork? (and discussion of legal forms of business)
• What's the best way to learn what companies who are looking for artists to license (without going through an agent)
• Do you need to copyright your art FIRST before you start showing it to manufactures?
  What areas of Art Licensing do you feel are less saturated and easier for a newbie to get their foot in the door? (for a newbie) (WARNING: you may not like the answer! :) )
• Should I have a dedicated website for licensing artwork?
• Do you know many artists who are licensing who do not have an agent and/or go to the shows or are the shows very important. I ask because of the expense.
• I am curious about a comparison of this years Surtex (2009) vs previous years. Did you notice a reduction in attendance? Did it help having Surtex on one floor? Any other comments?
• At a trade show, how do you handle a company that asks you to “send them everything” and has no business cards. It is a big company so I’m interested in working with them but nervous at the same time.

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Topics covered on April 15, 2009

Special guest, Joyce Lukaczer of www.FontSite.com, answered questions about fonts and typography -- usage and legal issues.

• Explanation of the 8 main font classifications and general ideas of when to use them.
• Explanation of the different font formats: True Type, Post Script type 1 and Open Type
• What a "font family" is and why you would need one.
• What elements to look for when choosing a font to fit an image or design.
• How to determine if you can use a font as part of your art for licensing.
• Some basic information about www.FontSite.com – font sources, the fontographer, etc.
• What we can do with fonts purchased at www.FontSite.com
• How can we make our own fonts?

Great online resources and information -- the interview was FONTASTIC!

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Topics covered by Paul Brent on March 25, 2009

• How did you first get into licensing your work. How did that first contact happen? Does the business basically work the same as when you started or do you find you have to work differently and adapt over the years?
• Do you paint in stages and take photos, so that you have "pieces" to use for borders, icons, etc. or do you paint one scene completely?
• How do you keep your work current and continually update your look as trends change?
• Creating artwork is endless… What does your work week look like?
• When you were starting out, was your time spent on creating art or did you spend more time looking for contacts, markets and other opportunities that would enhance your chances for success?
• How do I know if my work is right for the licensing market?
• For an artist newer to the licensing market, do you think there's an advantage to branding yourself with one look (i.e. coastal) vs creating art within your style for many themes.
• What are 3 keys steps to get started in this industry?
• Do you need an agent, especially as a new artist to licensing, and particularly in the current economic climate.
• What are your thoughts on copyright and how to you handle registering your work?
• What do you believe are the most important elements in a Licensor's website?
• What other modes of promotion do you feel are key for us newbies to achieve the recognition we are seeking from manufacturer's or buyers?
• What are the 5 biggest mistakes artists make when they decide to license?

Topics covered on March 18, 2009

• Do sites like CaféPress & Zazzle hurt your chances to license?
• Are agents open to working with artists' new to licensing?
• How do you present art to agents?
• What does a presentation of a collection "look like"?
• Any tips of getting into fabric design?
• If products are "Made exclusively for (store name)", should you
  assume they are created in-house and contact the store?
• Trade Shows - what to bring, what to show, do products help.
• How to decide what art to show potential licensees if you
  have a lot.
• What art do you put visible on a website and what do you
  put behind a login page - does that help or hurt for
  manufacturers to see it?
• How long should you promote a line before you
  put it aside and try a new look

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Topics covered on February 25, 2009

• Why to consider the legal form of your business & resources for help
• Costs involved and things you need to get started in licensing
  
• How much needs to be included in an art licensing collection
  & what is the difference between a licensing portfolio and an
  editorial / illustration portfolio
• Do you need Photoshop™ & Quarx? How do you learn Photoshop™?
• If you already have an established product how can you
  expand into licensing
• Copyrights - who owns what when.
• Royalities - how much, splitting with an agent,
  when do you get paid
• The difference between a 'minimum advance' and a
  'minimum guarantee'
• Using an agent on a non-exclusive basis -- my opinions

Topics covered on January 21, 2009

• My biggest mistake when I was starting & how I fixed it.
• Artist sells cards, eCards, & posters - how do you figure out if there is potential for licensing?
• An artist has a store and sells a lot of work with her art. She wants to get into licensing. Should she close the store and find an agent?
• How much money can you make licensing your art?
• Licensing your art without an agent: will you be treated fairly and what are standard fees?
• Does the current economy effect colorways and themes?
• My opinion on selling some designs outright & licensing others.
• Contracts and advances and what to do if they won't give one.
• How available do you need to be for last-minute requests.
• Contracts and sublicensing clauses.

The first "Ask Tara Reed" call was on December 17, 2008. Not my best work ever but a great learning experience! It was the one and only time I will do a call alone – I now have an interviewer which make the calls flow better and me less nervous. So if you won't be too judgemental, it is yours. Know that the rest are much better!

Click here to download the audio replay… 

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