Some things a creative person should consider before signing. Hoe long is this agreement going to last? How can I get out of it when problems arise? How and when will I be paid? Who will own the art when I am done? How much promotion will be provided? What about insurance? How and when will my work be returned to me? How can I get my rights back if I need or want to? If you don’t understand a contract don’t sign it? Don’t leave things vague. Make sure you agree to the terms. Always keep a copy of your contract.

Maybe you have heard that the creative business is more informal than traditional business and works better by simply getting someone’s word and sealing the deal with a handshake. I have deals in place like that, so I can’t say it doesn’t work. It does – to a point. If nothing goes wrong, you’re fine, but how often does that happen?  The contract doesn’t mean you don’t trust someone – it says, I’m professional and it helps you to expect the unexpected and plan for it without having to wonder ‘What if I ever leave?’

Sometimes we focus too much on the money and ignore the terms. Getting the prize set is only half the battle. Then you have to clarify (and agree on) what is expected from each party, who will pay for what, how you will be paid, and other considerations. What happens if the client cancels the job midway through the contract? Do they have to pay for the work you’ve done to date? What about any expenses you’ve incurred?

A work for hire agreement can mean you don’t own the rights to your work. You are paid a onetime fee for the work, and the rights revert to the person who is paying you. Work for hire agreements should usually be avoided. It costs you control over the work, and if the thing hits big, you have already been paid your fee. That is that. Even if it sells a million copies, you won’t be compensated. It is far better to license the rights to your work so you can be compensated based on sales.

Protect yourself

When you create something of value of course you want to take steps to protect it. The law is on your side. Copyright protection is available for creative people in most mediums. So why don’t we take the time to register our works or patent our ideas? It can be a hassle, time-consuming, complicated and we don’t know how. Learn. A copyright is potentially worth money. If you art is protected you can license it for big bucks.