Photo↑: With each column in the seriesRIGHTS the Arts Union chooses an appropriate image created by one of its member artists that has no relation to the issues in the article. This time: Monique Broekman Privat
Recently I spoke to a visual artist who years ago received an email from a foreign publisher: whether they could use his illustration for a book cover. Honored, he gave permission and had the image used free of charge. A year later, he received another e-mail. This time asking for his bank account number. A few days later an amount was in his account. A substantial amount, almost two months' salary in conversion.
At first the man thought it was a mistake. Until he saw the description. "Thank you," it said. From then on, he decided to take himself more seriously financially and to value his work in business terms as well. When I asked the artist if he was affiliated with Pictoright, he looked at me with surprise. His work turned out to be worth even more.
You may well also be entitled to an unexpected fee. For example, is your work depicted in books, magazines, newspapers or on TV - in the Netherlands or abroad? Are your photos, illustrations or works of art published? Then you may be entitled to this. Even if you created this work on commission or have ever sold it.
Talking about money sometimes feels uncomfortable
These are collective rights: fees based on your copyright that cannot be collected by you as an individual. Think of lending rights (the fee for loans of your work through art libraries, or for books in which your work is depicted by libraries), the copy fee (for making copies by companies and educational institutions, for example), the home copying fee (for private use of your work, for example, someone who takes a picture of it with their phone or saves a picture on their laptop), the cable fee (for distributing images via cable) and more. These are collected by a variety of organizations and then distributed to image makers through Pictoright.
To claim this, you must join Pictoright. Sometimes you receive compensation automatically, for example if your work is lent out through an art loan. In other cases, it is important to register your work so that it can be included in the distribution. To do this, you provide an annual list of publications in which your work has been used. Affiliation is free. Only if you receive a distribution, Pictoright deducts a percentage for organizational costs (10%).
You can also join as an heir of an artist. This is because copyright remains in effect for 70 years after death.
Talking about money sometimes feels uncomfortable. But money is also appreciation
Last but not least, when joining for collective rights, Pictoright only regulates the fees you cannot claim individually. This is completely separate from any agreements you make or want to make with clients. You remain in charge of how you sell or make your work available and your client, or the user of your work, is not individually invoiced. So you don't have to fear losing influence, pricing yourself out of the market or having to adjust your business arrangements.
How it ended with the compensation for the illustration on the book cover? Rights for books, magazines, newspapers and television are paid up to five years back. Since the book was still in circulation, his affiliation earned the artist something immediately. So this was a valuable move.
Talking about money sometimes feels uncomfortable. But money is also appreciation. And it enables you to keep creating.
In RIGHTS the Kunstenbond, union for artists and everyone who works in the cultural and creative sector, takes a closer look at a legal issue that is essential to the professional practice of artists and other creatives. Lawyer Jet Hootsmans thinks it's high time to talk about money. Copyright is not only there to protect your work or reputation, but also to make money. And there are many ways to do that. This column is therefore part of a diptych.
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