Part one of two.

The Basics:

When artists are starting out we are often so eager to be published that we are happy for anything that comes out way and don't stop to think. Creative people love being told they are liked and wanted. This article is designed to help you avoid the pitfalls that inexperienced artists often encounter.

Unfinanced Entrepreneurs:
“Unfinanced Entrepreneurs” was term coined in an articles by Mark Evanier. These are people with grand plans and no track record to back in up. They draw you in with tall tales of how when their project is published it will be the next big thing and sell tons. They can’t pay you right now, but you’ll make plenty in royalties after it’s published. Or worse they want you to work for “exposure”, because the commissions will come rolling in after their project has made you famous. They are working under the assumption that what you do is easy, quick and fun. Remember, nobody asks plumbers to work for exposure. These people pop up like a whack-a-mole on art and freelance web sites and you need to know how to look out for them.

Read the original articles here [link]
and here [link]

Small and Startup companies:
Illustration reference books often only cover how to deal with large companies or list prices for publications with large national publication. If you are an artist in a niche genre (fantasy, sci-fi, comics, games, pure bred dogs, carnivorous plant enthusiast art, and so on) you will often work with self-published authors , small publications and startup companies rather than TIME magazine.

While you may have an understanding of how things should work in the professional world, your client doesn’t always have business experience. They may have started the company because they loved the subject and thought they could make a better publication. Despite good intentions it isn’t out of the ordinary for these businesses to fail before publishing anything. The ones who don’t may just need a little help.

If stuck on pricing because you don’t know the size of the publication, it never hurts to just ask what their budget is.

Write up your own generic contract or find one in the Graphic Artists Guild Handbook or similar to be ready for anyone who doesn’t have their own. You’ll also have to be ready to take responsibility for print specs, and following up on payments.

If you walk into this expecting professionalism from everyone you’ll be disappointed. Amateur businessmen may not be afraid to use intimidation tactics and the artist’s own inexperience against them. They haven’t been in the business long enough to realize or care that it hurts their reputation.

Portfolios and rejections:
You’ve probably heard it before but it can’t be repeated enough. If you submit your portfolio to a publisher and get a rejection it doesn’t always mean you suck (sometimes it might but...). Most of the time it means you aren’t good enough yet or they aren’t publishing anything that your art fits at the time. If you practice you’ll be better in a year and you can send them an update.

Spec work and contests:
Spec work is when someone asks you to do work without pay in they hope that you will be published or paid if they like it. It’s not in your best interest to do this. Often companies will offer contests for a logo or illustration for which the winner gets published. You might do this if you think you can win, but most likely you won’t and meanwhile they just got hundreds of free designs to choose from instead of taking the time to commission someone they liked from the start. Read the fine print and make sure they aren’t claiming ownership of all entries.

Royalties after publication:
This is not always a bad thing and is the norm with product licensing. But keep in mind you are taking a chance if you agree to create new work for publication this way. You probably shouldn’t do it unless you have extra time on your hands.

Work-for-Hire:
“Work-for-Hire” is supposed to mean your publisher owns the copyright after you get paid. You won’t be able to sell prints or the use of that art to someone else later. But, sometimes it just means that you aren’t employed by the company and do keep the copyright. Work-for-hire is pretty standard in the gaming industry for example, but many companies allow artists to sell prints of the art. Read contracts carefully and ask questions to make sure you aren’t giving up rights you don’t want to.

Copyright Infringements:
Always watermark anything you put online with your name or logo in a graphics program. You can’t always control where your art goes but at least if it’s floating around uncredited on sites like flickr or photobucket, your name is on the image. The better known you become the more it will happen.

According to the Digital Millennium Copyright Act most web sites need to provide a way for intellectual property owners to report violations. You will find their guidelines on the Terms of Service or Copyright pages. DMCA notices are pretty much standard everywhere. You can also find some stock letters at http://www.plagiarismtoday.com/

Take the time to search ebay (and other online auction sites) for products with whatever type of art you do once in a while. There are tons of products that can be made with a few supplies and a home computer. If you find anyone selling your art you can file a VERO report and have it removed. If you recognize anyone else’s art being used suspiciously email them about it so they know.

For more on that see my article here: [link]

Another thing to be aware of if you do figurative art is PSP (Paint Shop Pro) hobbyists online. They make signature tags and images used on myspace and forums. Some will ask permission to use your work, but lots won’t. You may find your art floating around in a form you didn’t intend, with the background removed and sparklies added to it. There are many sites that collect these images called tubes, sigs, tags or glitter graphics. These sites should comply with the DMCA but they aren’t always eager to.

*Please do not take this to mean that everyone is out to take advantage of you. There are plenty of good companies and publishers, but you don't have to look out for them.*