How Much Should You Charge When a Retailer Wants 100% Rights to Your Co-Created Fiber Art?

You’ve poured your heart, soul, and countless hours into a beautiful piece of fiber art. Perhaps it’s a tapestry woven with intricate details, a stunning textile sculpture, or a unique blend of various fabric techniques. Even more exciting, you’ve collaborated with another artist, blending your unique styles to create something truly extraordinary. Now, a retailer wants to feature it, and that’s fantastic news! But then comes the catch: they want 100% of the rights.

This is a common scenario in the art world, and it raises a crucial question, especially when you’ve co-created a piece: How much should you charge?

Let's break down some key concepts and considerations to help you navigate this complex situation.

Understanding the Terms: What Does "100% Rights" Really Mean?

When a retailer or any entity asks for "100% rights," they are typically referring to the copyright of the artwork. This is a big deal, and it's essential to understand what it entails.

• Copyright: In simple terms, copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution. This includes the right to reproduce the work, create derivative works (adaptations), distribute copies, and publicly display or perform the work. As the creator(s), you automatically hold the copyright to your art the moment it's created.

• Assignment of Copyright: When a retailer wants "100% rights," they are asking you to assign or transfer your copyright to them. This means you would no longer own the copyright for that specific piece. They would then have the exclusive right to do whatever they wish with the artwork – reproduce it on merchandise, license it to others, use it in advertising, or even alter it, all without needing your further permission or paying additional royalties.

• Exclusive vs. Non-Exclusive License: It’s also important to distinguish between assigning copyright and licensing. A license grants someone permission to use your artwork under specific conditions, while you retain ownership of the copyright.

• Exclusive License: This means only the licensee can use the artwork for the agreed-upon purpose, even you as the creator cannot use it for that purpose.

• Non-Exclusive License: This allows the licensee to use the artwork, but you, the creator, are also free to license it to other parties.

Why Does This Matter for Co-Created Art?

When you’ve co-created a piece of fiber art, the waters become a little murkier. Unless you have a prior agreement, the copyright is usually jointly owned by all contributing artists. This means all co-creators must agree on any decision regarding the copyright, including its sale or assignment.

If a retailer wants 100% rights, both you and your co-creator must be in agreement and understand the implications of relinquishing those rights.

How to Determine Your Price

Deciding on a price when giving up all rights is a multi-faceted process. Here are key factors to consider:

1. Value of the Original Artwork: Start with the fair market value of the physical piece itself. What would it sell for outright, without any rights attached? Consider the materials, the time invested by both artists, and your combined artistic reputations.

2. Loss of Future Income/Opportunities: This is the most significant factor when assigning copyright.

• Royalties: If you retained the copyright, you could potentially earn royalties from future reproductions or uses of the image. By giving up 100% rights, you're foregoing all of that potential income.

• Derivative Works: You lose the ability to create prints, merchandise, or new works inspired directly by this piece.

• Promotional Value: You also lose the ability to use the image freely for your own portfolio, marketing, or to secure future commissions. While you might still be able to show the piece as part of your work, you wouldn't be able to monetize its image.

3. Retailer's Intended Use: How does the retailer plan to use the image?

• Limited Use: If they only plan to display it in one gallery for a short period, the value of the rights is lower than if they plan to reproduce it globally on thousands of products.

• Extensive Reproduction: If they plan broad reproduction (prints, textiles, home goods, etc.), the value of the rights escalates significantly. You are essentially selling them a commercial asset.

4. Your Standing and Reputation:

• Emerging Artists: If you are an emerging artist, the exposure might be a valuable trade-off, though you still shouldn't undervalue your work.

• Established Artists: If you have a strong reputation, the value of your copyright is higher, as your name adds significant commercial appeal.

5. Negotiation: This is a negotiation, not a take-it-or-leave-it situation (unless you're comfortable with that).

• Start High: It’s often wise to start with a higher asking price, as the retailer will likely negotiate downwards.

• Itemize Your Costs: Be prepared to explain how you arrived at your price. Detail the cost of materials, your hourly rate (for both artists), and an estimated value for the relinquished rights.

A Practical Approach for Co-Creators

1. Discuss Internally: Before responding to the retailer, you and your co-creator(s) must have a frank discussion. Are you both comfortable selling the full rights? What is the minimum price you are both willing to accept?

2. Estimate "Lost Royalties": Try to estimate what you could earn if the image were widely reproduced and you retained copyright, earning a small royalty on each sale. This figure can help inform your asking price for the full rights.

3. Consult a Legal Professional: For significant deals involving copyright transfer, especially with co-created works, it is highly recommended to consult with an intellectual property lawyer. They can review the contract and ensure your interests are protected.

4. Consider Alternatives: If the price isn't right, or you're uncomfortable giving up all rights, could you offer an exclusive license for a specific period or for specific uses instead of a full copyright assignment? This allows you to retain ownership while still granting the retailer commercial use.

The Bottom Line

Selling 100% rights to your co-created fiber art, while potentially lucrative, means you are giving away a valuable asset forever. This isn't just about the physical piece; it's about the future commercial potential of the image of that piece. Factor in all potential lost opportunities and future earnings, not just the cost of materials and time. Always ensure both co-creators are fully informed and in agreement, and don't hesitate to seek professional advice. Your art is valuable – ensure you are compensated fairly for every aspect of its worth.