Do you know your rights when it comes to copyright protection?
Do you get a fair deal when you sell your talent?
Recently, I was contacted by a former client (I freelance on the side from time to time - I have since 1988). He just bought a website and wanted me to illustrate a scene from historical Alaska folklore for his website. For FREE. He offered me a little bit of publicity (credit on the picture) if I could do it for him.
In my response, I articulate to him the facts that 1) I work 50+ hours a week at my regular job, 2) my freetime is first for my family and second for me, and 3) he should NEVER ask an artist to put out 5 minutes or 5 hours (or any time) for free.
I thought I was done and wouldn't hear anything so audacious from him again.
WRONG.
He contacted me about a week later wanting me to do four illustrations for him. Simple line art like I did for a book of his about 3 years ago. Only thing is, his "simple" line art turned into a lot of redrawing (I wasn't using Corel Draw 12 or Painter X so much then) already inked lines. Meaning a full rework of completed work.
Because of all the headaches from before, I told him it would be conditional that he provide me with an accurate description or reference material that he wanted line art from before I start and that each prelim sketch would cost an small fee (I would deduct the fee of the selected sketch that would go to line art). Reworking line art would cost him 50% to 100% depending on the reworking.
He changed his request to asking me to conceptualize and draw a cartoon strip for him that would appear at least monthly. I needed to research the market for going rates, so I told him I would get back to him soon.

What I learned about copyright practices was something I knew - kind of - but had never invested time in before. When I illustrated his book a few years back, I charged a rate that I considered to be on the high side (but found it was on the low end of what folks should be getting for pencil to ink illustrations, backed up with computer files). Also, I learned that I gave away the farm with regards to copyright.

I sent him a pricing structure that allowed him to find a level that he would like to work with, my fees for art remained about the same (except for reworking stipulations), but I had added a copyright usage fee that graduated from first North American printing rights all the way up to selling him the copyright completely.
My research was drawn from many artists who have similar skills as well as several books on freelance illustration and business practices. The best book I found was the Graphic Artists Guild "Handbook - Pricing and Ethical Practices Guidelines". If you don't have it - GET IT. It is the all inclusive book for Guild members and non-members alike.

My guy changed his tune again - now he wants a single pane cartoon in ink. How much? My reply - $xx sketch fee to start, $xx ink and $xx for copyright usage (depending on the degree). I'm not showing my prices here because I do believe that we each have to find that balance of what we will work for and what the client will spend.

His response - He wants the art in vector format (twice my ink price!) for 1/2 of what I said I would ink for, no sketch fee and he wants all rights including but not limited to: product licensing, printing on various media such as hats, postcards and flyers, resale, and so on... what some would call a full buy out.

Let me repeat that: He offered me 1/2 of what I worked for before, wanted it done to a much higher grade and wants all of my copyrights! I was tempted to tell him to go to hell.

I did not take the job - I turned it down flat. He got the whole world for a low rate before, but is now very sore that I wised up. He agreed to my fees on the previous project readily but later told me that no one would touch him for what he wanted to pay. I wish I would've known that at the beginning.

Okay, sorry for the long sob story, but the point of all this is: Do you know your rights and do you stick up for them?
I would rather not lift a pencil for a client for a cut rate deal like he was offering. It's a flat out insult to all professionals and freelancers - and even to amateurs! If you don't know already, in the United States and most countries of the world, once you create something - it is copyright protected without any further action needing to be taken by you.

It is better in the U.S. if you do register works with the Copyright office (to be able to sue for damages and attorney's fees). But having seen a few notices of folks here on DA recently who are getting ripped off by cowards with no talent, this topic seems timely. A good reason for submitting a WIP of your art is to establish when it was created, altered and finished.

Also, I'd like to think that this will help somebody to be able to stick up for their rights. It is not recommended that you ever sell off your copyright completely, but retain the ability to show your work at least in your portfolio or sell in non-competing markets from your clients.

Last thought: Unless you are getting ALL the benefits of a full time employee - NEVER do "work-for-hire" illustration. This is usually just deceptive way around the law to steal your copyright. If you do "work-for-hire" and do NOT benefit as a full time employee - you are not just selling yourself out, but also harming the industry as a whole.