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Likeness rights?
I have been contacted by a sculptor,he makes action figure type stuff. I have been talking,and he wants to do some of me,and asked me for what percentage do I want from possible sales? Also,I've been asked how much does he want to pay for me likeness rights (like a straight out pay before the figures are made.) I've never been encountered by these things,so I don't really know what a possible rate is? Can anybody throw some SERIOUS suggestions? Jun 29 06 07:07 pm Link No friggin clue. But if you find anything out, let me know. I'm in a similar situation. ~Keeper Jun 29 06 07:37 pm Link Yumemiru wrote: Suggest you contact a lawyer specialing in copyrites.......this is a whole different deal then photo images.....just imagine getting a penny.....for each copy of GI Joe sold since it hit the markets over 20 years ago......penny don't sound like much...but multiple over the amount and time.....you'd be a multi millionaire.... Jun 29 06 08:36 pm Link FKVPhotoGraphics wrote: 1) copyrights .... we're not sacrificing a goat here... Jun 29 06 08:41 pm Link Iâll bite on this one. Welcome to the world of business! You have to first ask the question, what have his other sculptures done in the market place? If he has sold a lot of sculptures you may want to ask for a percentage of sales. However; tracking sales performance to make sure you are not being cheated may be difficult. Here is what I would do: Get some money while you can, take your cut for modeling, travel, and any other expenses. Have a signed contract (three signatures yours, his, and a third person) in place stating that if sales reach or exceed (some number of statues) that you automatically receive 10% from each sale. This will allow him to recover his costs and let you both share in the profit. Remember you are selling statues but the public may fall in love with your likeness created from the statue. Knowing this I would also state in your contract that any further products outside the sculpture created with your likeness must be approved by you for resale. If the public loves you, your approval to sell something else with your likeness may come with a condition of a higher percentage! Congratulations to you. I hope you do well, Jun 29 06 10:09 pm Link James Jackson wrote: You would be surprised at what lawyers know......especialy those who specialize in structured settlements.....aside from that they can also protect your rights and business agreements......I'm not sure what experience you have had with lawyers......and ambulance chasers are not what I mean......BUT....if you want to take a chance using a "arbitrator" or "agent".....go ahead.....but when down the road you fine yourself bent over that proverbial barrel......that lawyer will begin to look pretty good.... Jun 30 06 07:41 am Link I can give you the standards from My industry - Gaming. For the most part, an unknown is usually given no more than 1% of sales for his or her likeness rights. As for selling them outright, We usually do something akin to .25% (1/4 of 1 percent) per projected sales. In other words, If we intended on distributing 1,000,000 copies at $20 (Our take not the distributers) we would pay $50,000 for the rights. (compared to the $200,000 she would get the other way if we actually sold a million copies) as for your case, I suggest that you first ask him how many he intends on selling, and at what price. From there, you can make a better assessment of what your likeness is really worth. I know that our industry is different, but the general model is similar from what I understand. Money upfront is usually about 25% of what the total could be if everything sold (protects them from losses.) Hope that helps. Jun 30 06 07:49 am Link It's a tough question. The closest I've come to this is when a painter requested permission to base one of her paintings on my photographs. We settled on 10% of the sale of the painting. Questions I would ask: >>> Is the sculpture being produced one-of-a-kind or are copies being mass produced? >>> What is the overall expected revenue from the sale of these objects? >>> Have the artist suggest a fee for this likeness release. Unless the artist is well established in the community (i.e. not likely to move), I would suggest a flat fee in exchange for the modeling. If you take a percentage, you'll need to pay attention, track the artist's movement, track his/her revenue, etc. Jun 30 06 12:15 pm Link i got a guy ask me a while ago if i would be in a comic book. it seemed pretty cool and i had no idea what to charge him but requested a meet and a talk... he found another model. must have been cheaper. Jun 30 06 12:18 pm Link James Jackson wrote: Oh, well, damn Jun 30 06 06:09 pm Link Yumemiru wrote: if you have no idea, go to an agency..let them negotiate the deal for you and take thier 20%..if your walking in the door with income for the agency, i am not sure they'll not turn it down... Jun 30 06 06:13 pm Link |
