Commissions, copyright and invoicing
Commissions
I have recently started doing commissions for local business including design work and print work. This entails an individual or company getting in touch to pay for a piece of work to be made for them.
Copyright
During the process of taking on these commissions, I have had to consider copyright as my artwork is being passed onto the client to be used.I needed to research this, so I looked at this DACS article: https://www.dacs.org.uk/advice/articles/copyright-and-commissioned-works
It states as follows:
"As the creator of a work, generally you will own the copyright, meaning you have certain rights around reproduction and distribution. You can share, give away or sell the copyright, but unless you do so, those rights legally remain yours.
This is also true if a work is commissioned. Under current copyright law, the copyright belongs to you, rather than the person who commissioned the piece or a third party the commissioner is acting for. The only exception is if you have signed an agreement that assigns the copyright to someone else or an organisation."
It states as follows:
"As the creator of a work, generally you will own the copyright, meaning you have certain rights around reproduction and distribution. You can share, give away or sell the copyright, but unless you do so, those rights legally remain yours.
This is also true if a work is commissioned. Under current copyright law, the copyright belongs to you, rather than the person who commissioned the piece or a third party the commissioner is acting for. The only exception is if you have signed an agreement that assigns the copyright to someone else or an organisation."
'Copyright protection exists as soon as an original work is created in material form. An idea is not protected, but the actualised expression of it is.'
Types of copyright
There are different categories of copyright that have different implications on rights. The work needs to be assessed to determine which category they fall into. My work would most likely fall under 'Artistic Craftsmanship' and 'Engravings'.
Artistic Craftsmanship Copyright
The work under this category cover forms of artistic expression beyond the conventions of paintings, drawings and sculptures. Examples of this kind of work (listed on the DACS article) include 'pottery, book bindings, hand painted tiles, stained glass windows, wrought iron gates, cutlery and needlework.'
It is the combination of artistry and craftsmanship. This copyright lasts the life of the artist plus 70 years.
They state that artistry is 'the utilisation of skill, taste and original thought on the part of the creator in producing an item which will appeal to viewers' artistic sensibilities as well as their aesthetic taste.'
As for craftsmanship, it is regarded as 'a durable, useful, handmade object made in a skillful way.'
Engravings Copyright
The work under this category cover forms of etching, lithograph, woodcut, print or similar work, but not photographs. It lasts the life of the artist plus 70 years.
The work under this category cover forms of etching, lithograph, woodcut, print or similar work, but not photographs. It lasts the life of the artist plus 70 years.
Rights of copyright
Copyright owners have the following exclusive rights:- reproduction right (right to copy the work)
- distribution right (right to issue copies of the work to the public)
- rental or lending right (right to rent or lend the work to the public)
- right to communicate the work to the public by broadcasting or electronic transmission
Licensing
You can license your work, which means that you keep the copyright, and can continue to receive royalty payments generated from the use of your work. It will keep you in control of its usage and continue to allow for payment of usage. This, however, involves bringing in a second party, the licensor, and forming a legal agreement with them. It costs money and time.How to copyright work
It exists as soon it is created in material form.
Ways DACS suggests to establish copyright:
- By making people aware of your copyright ownership. This could be by putting the copyright symbol © with your name and the year of creation somewhere on the work. It could be through a commission agreement.
- By emailing the work to yourself.
- By uploading a photo or video of your work to your website — the metadata attached to the digital file provides evidence of the date.
Commission Agreement
When doing freelance and commission work before, I have not endeavoured to create commission agreements, however upon reading this article, it seems imperative that I do.
A commission agreement is a document that lays out the terms of the commission;"The agreement is a formal contract, clarifying expectations and responsibilities on both sides. It should state who owns the copyright."
This is different from the invoice, acting as a form of protection of the work itself rather than payment.
An invoice is a bill that is sent to customers or clients to ask for payment for any products or services provided. Not only are they useful, but they are also extremely important as they act as proof if you do not get paid.
Invoicing
With the commission agreement, I have had to learnt how to write an invoice for the client.An invoice is a bill that is sent to customers or clients to ask for payment for any products or services provided. Not only are they useful, but they are also extremely important as they act as proof if you do not get paid.
What goes on an invoice:
- Document title of 'Invoice'
- Your name or logo
- An invoice number
- The date
- Who it is from; your address and any other means of contact such as email
- Who it is to; the recipients address
- There could be space for comments or special instructions such as the payment terms, usage, supporting documents, information requested by customer, etc.
- A short, definable description of what you are charging for and the total cost
- Subtotal and total due
- Where the payment is going; the bank details of customer
- Any comments at the bottom, such as 'any questions please...' and 'thank you for your business'