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Advertising advice?

This is my first post here, and I do not have caps right now, but I can get them when I get back home if they are indeed needed.

This isn't a beware, but I would like some advice in a situation and I feel this community is the best place to go.

I was contacted by someone (I'll withhold the name for now) over the span of 2009 for five separate commissioned drawings. I had known him previously from a toy forum we mutually use. These said commissions were technically trades - they were 'paid' for in toys of equivalent value. (He runs a website that sells these toys and was using the forum to gain business and clients)
I finished all five of the drawings and mailed them to this person and in return received my toys no problems.

A short time after this, he mailed me a t-shirt with one of my drawings on it advertising his website. I was angry because he had edited my drawing. Originally, the drawing was of myself hugging a tyrannosaurus. Since it was a self portrait, I had drawn a tattoo I have on my arm on my illustrated self. For the shirt, he erased the tattoo and somewhat sloppily added a line on the back of the arm that made it appear the arm started further up the shoulder. He used a brown colour for his added line as opposed to the black colour I'd used in my original drawing. I said nothing, at this time, because I did not want confrontation.

However in December 2010 he contacted me again, asking if he could use the very same drawing that he used on this shirt, but instead in an advertisement. He hadn't asked to use it on the shirt so I saw this as a good sign - so I said sure, just so long as he did not make any major edits without my permission, and if he did want an edit to please let me do it myself. He obliged, I erased that tattoo on the arm myself. The advertisement was published in a magazine this month advertising his website.

Since then I've had family and friends reprimanding me for letting him use my artwork without some sort of fee, or without buying the rights to the drawing.

He emailed me again last night saying he wanted to use another of the drawings he commissioned for another advertisement in the next issue of this magazine.

My question is this: He did not buy these drawings technically, he traded for them. Also he did not buy the rights to them - should I be charging him a fee for using my drawings in the ads for his website? What would be a reasonable fee to charge? The magazine is published four times a year, and he doesn't appear to be selling the shirts by themselves but I do believe he sends them with an order if the order reaches above a certain cost. I would also like to note that I am credited as the "Graphic Artist" on his "About Us" page on his website, with a link to my own website.

I don't know where to begin with this, I'm really hoping all of you in this community can hand me some advice! I would really appreciate it very much.

If there are any details that need clearing up at all, please let me know and I'll do my best! And again, if caps are wanted please let me know. Any caps from 2009 are long gone however, since I did not archive them in my Gmail account and we never spoke via instant messenger. If anyone needs to know the name of the forum, the magazine, or his name and website I'll edit this entry, but if I could I hope to keep this only about the situation I need advice on, and not about who the situation entails.

Thank you all in advance for any help you may have!

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( 10 comments — Leave a comment )
Feb. 14th, 2011 10:58 pm (UTC)
he was wrong to do the t-shirt thing but I think it was likely a misunderstanding and he realised that since he asked about the magazine.

If you're doing work that is going to be reused you can charge more for it and it's totally appropriate to do so, but it's not like you are obliged to. If you wish, you could do the work for free and it would not be the "wrong" thing to do, even if it is not the optimal way to monetise your work. Do what YOU are comfortable doing
Feb. 14th, 2011 11:16 pm (UTC)
I agree, I think the shirt thing was a misunderstanding.

I think I would like some sort of compensation for him to use my art in his ads, I just need to figure out where to start with how much to charge, etc.
Feb. 14th, 2011 11:13 pm (UTC)
You do have the right to ask for advertising fees, even if he had a contract for the work that included advertsing, commercial contracts almost always have a limitation on time.
Feb. 14th, 2011 11:17 pm (UTC)
There was no contract originally, there was only emails along the lines of "if I give you x toy, will you draw y?" and "yes I will."
I have since started using a TOS for my commissions, along with a commission form.
Feb. 14th, 2011 11:22 pm (UTC)
I understood =) What I meant was, even if there was a contract initially etc you would still have the right to charge more when he asked to use it again. Since there was no contract, he has not bought those rights previously and you are well within your right to charge him for them =)
Feb. 14th, 2011 11:23 pm (UTC)
Ah, gotcha- sorry about that. Thanks :)
Feb. 15th, 2011 01:07 am (UTC)
You are entitled to ask him for more payment for the rights, but you're not obligated to either. The good news is that you can ask for as much or as little as you want. What I think you might want to do is ask for a toy or whatever to give him the rights to run it for this year in this magazine. After that you guys can reevaluate if your client wants to keep running it in 2012, what the payments would be, etc. However, I just get the impression that might be what you guys are both comfortable with.
Feb. 15th, 2011 02:08 am (UTC)
I think that's a great idea :) Thanks!
Feb. 15th, 2011 04:30 am (UTC)
Most advertisement art prices are based on how many views the site (or bilboard) is estimated to get. The more the views, the more you can charge. however, figuring out what to charge based on the views is the crucial part. If it is a fairly small site, I would suggest you only charge him x amount for the amount of times he uses the art in an add, like how websites do (like fa and SF).

Im not sure how much traffic his site gets, but to give you an estimate on how much SF and FA charge, they get hundreds of thousands of page hits a day, and charge between $15 and $25 per add.

If his website gets a lot of hits, you could reasonably charge him upwards of $60 per add he gets printed (quarterly you said?). However, the end price is up to you. You could even just trade for a toy. :3
Feb. 16th, 2011 05:19 am (UTC)
I would ask for a toy trade, AND that either your name or link to your page bo on the ad, but smaller. (yet legible like an 8 point font.) It's on the bottom of the ad, but doesn't detract from advertising HIS site. :) Much like webmasters have a little blurb on the bottom of the pages they are responsible for. :)

If he's not comfortable with the sub-header, got for more in the way of toys! LOL
( 10 comments — Leave a comment )


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