Dakota Bailey (dakotabailey) wrote in artists_beware,
Dakota Bailey

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Advice Requested- Album Art

This isn't a beware, more like a request for advice.

A couple of weeks ago, I ran a "doodles for donations" drive. The person in question (we'll just refer to him as H for now unless there's a huge need for everyone to know his name in which I'll be more than happy to provide it) paid me $2.00 and I came up with a digital sketch for him, seen below (obviously shrunk down).

The digital sketch was sent to him on July 2nd, 2011. I hadn't gotten a response from him so I sent him a note on FA on July 7th asking if he had received the picture. He confirmed that he had and that he loved it.

On July 10th, he sent me the following note

Hey I wanted to say yes i got the sketch and I absolutley LOVE IT! and i wanted to ask something of you.
I have an EP i plan to put out soon titled "Fuzzy Fuzzy Fuzzy" and I want to use the picture as album artwork for the release, so out of fairness and respect to the artist I am asking your permission to have my artist friend make a colored version of the piece that I can use as album art. If you are cool with this you will of course receive a Digital copy of the release in any format of your choice a few days before the release.
Please respond at your leisure, I am still currently in the mastering phase in working on the EP as well as I am waiting for a few Remix contest Entries to come through.
Have a wonderful day <3

While a little irked that he's having someone else make a colored version of my piece, I cannot really say anything about it as my TOS does allow it, as long as I'm still credited for the line-art. No big deal here. I responded with the following note

Hi there!
Thank you so much for the offer and I'm honored that you would like to use my art. First off, I have to ask, are you selling the EP or is it just a free, downloadable deal?

He responded with the following

yes I am selling the EP @
[link to his website]
and of course you will recieve credit on the album for the art
also you will retain all legal rights to the artwork of course, i respect the artists rights on this account, if somthing came up at anypoint you can easily request me to remove the art from the EP <3 and as I said when the EP is mastered and ready for release you will receive a Digital copy in any format of your choice.

Thanks to another LJ user, I've come to learn that he's already using this sketch to promote his EP on both Tumblr and on Soundcloud. Again, it's personal use, it's fine with me. My signature is still on the sketch.

I'm questioning if this comes up as using my art for commercial usage (which my TOS specifically states against). It's not like he's selling a portfolio or prints of the drawing or anything like that.  Even if it didn't come to this, would it be selfish of me to ask him to pay for commercial rights to the image or if I should just take the free EP (which, to be perfectly honest, I probably won't listen to). I'm thinking nothing more than $15. It IS A sketch after all, which is completely boggling my mind why he wants to use it for album art when I've done a more completed piece for him.

Thanks for your help, everyone! If you need any caps or any more information, please do not hesitate to ask!

Edit: 7/11/11
Thanks everyone for your suggestions! I have sent him the following email and will be waiting for his response

Hi there,
First of all, I'm really glad you like the sketch I drew for you and that you want to use it for the cover of your EP. I would've been happy to have colored it for you as well if you had asked (for an additional fee, of course). I'm going to have to ask you to take down the image promoting your EP on your album promotions on both Soundcloud and Tumblr. By using using it to promote something that you later wish to sell, it's using the image for commercial means which is against my TOS found here - http://www.furaffinity.net/journal/2407131/. If you would like to use the image for the album art, I can either sell you the complete rights to the image which basically means that you're free to do whatever you would like with it (T-shirts, posters, whatever) or I can sell you the non-exclusive rights which would just allow you to use the art for the album cover.
Please let me know what you decide to do!

Edit: 7/12
He responded to me with the following

I completley understand what you mean and  i will go right ahead with removing it, however i will point out that the sketch at this point has not been used to promote  somthing i am selling, it is set as the default picture for the Free mixtape i put up, but i will go right ahead with taking it down :3. and I don't need Full rights for the simple fact I am a for lack of better words a "Poor" musician so I do not have a whole lot of cash to sell shirts and posters and Etc. So I would only need to get permission to use it as album artwork. however i will need time to get the funds to buy the rights to the piece. as right now i am trying to get some sales going (Bad sales currently)

Apologies if I sound inexperienced or have asked inane questions. This is the first time I've dealt with something like this.
Tags: advice for artists
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