Please help- Commercial License and Royalties

amother

Babypink

Wed, Jun 14 2017, 9:24 am

Please let me know if you can give me any advice.

I created an image for a client for their business, as a logo. They now told me they would like to sell items with said image.

Does anyone have any experience with this? Can I collect royalties on an item I've sold for personal use that they would use for commercial? I've heard of an option of selling a five year 'contract' (for example, they can sell items with my image for 5 years if they pay $5,000). How would I collect royalties if that is the path they want to take?

I don't think my image will become as famous as the nike logo but I don't want to lose out here....

amother

Babypink

Wed, Jun 14 2017, 9:55 am

amother wrote:

Can you help me understand why a logo would qualify for royalties?

Thanks for your response.

It's not really a logo, but a picture. Can someone else make money off my artwork?

Or do you have experience in this matter and the truth is I really do not have a case here? She can do whatever she wants with my image? Google says otherwise but I don't know how to go on with this...

amother

Natural

Wed, Jun 14 2017, 10:01 am

I cannot offer you legal advice online.

With that said, it all depends on what rights you granted to these people in the artwork. Was it created as a work for hire? Did you license it only for certain uses? Did you license it for all uses?

If you're in the business of created graphic designs for others, you really need to have an agreement, that sets forth all of these matters. If you have a license, read it.

Assuming that this was not created as a work for hire, and that you did not already license for all uses, no, I wouldn't do this on a royalty basis. I'd license it for commercial use, with fee levels dependent upon sales. So, for example, up to 500,000 units per year, $X, 500,000 to 1,000,000, $X + Y.

I strongly advise you to seek legal counsel on this matter. It will be money well spent.

amother

Babypink

Wed, Jun 14 2017, 10:05 am

amother wrote:

Thank you for your advice! I do have an issue that this was done unofficially without a license/contract. I guess I will have to seek legal counsel as you suggest. Do you have anyone to recommend, or know how I can find someone?