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Subject: Re: FLASH: See Pricing and Ethical Guidelines book - was Hyperride
From: Franke James
Date: Sun, 14 May 2000 20:41:31 +0100


May 14/00

Hi Flashers,

Here are a few tips gleaned from my 11 years working as a digital artist --
hope it helps. Educate yourself to protect yourself.

* Do reference AND credit checks
* Do a search on the web under the exec's name as well as the company name
(amazing what you'll find...)
* Be clear in what you're delivering. Limit the scope. Define the
parameters. Be as precise as possible.
* Don't work without a signed contract and get a 30% signing deposit

After you're hired:
Progress bill. Call "accounts payable" to get paid promptly. Offer to pick
up the check by courier. Add interest automatically to all invoices over 30
days -- does the credit card company give you a break? No. So, add interest
to your unpaid invoices. Send out statements. You can also offer a discount
for prompt payment (15 days). Some clients will pay early to take advantage
of the discount and it helps cash flow a lot.

On collecting:
In really serious situations where you're faced with going to court, or
using a collection agency to get paid, consider approaching their end
clients etc. about non-payment. People hate it when you go over their heads
(especially to their clients, venture capitalists, strategic partners) so
use this poison pill approach with extreme caution. We've had to use it once
(successfully) but our lawyer did not condone it, and warned that an artist
could face slander if it was abused. Also, you'll never work for them again
;-)

Learn how to protect your rights:
Read the Graphic Artists Guild Handbook: Pricing and Ethical Guidelines
(ISBN 0-932102-09-3) It has been a very helpful book for me. A new edition
is coming out shortly but even the 1997 edition has wonderful information
which is relevant to ALL artists. They have a section on digital art but it
will be expanded in the new edition from what I hear.

Whenever possible have them sign your contract: See the Graphic Artists
Guild Handbook for some useful contracts. If you HAVE to sign theirs have
your lawyer review it, or else you could end up signing away your rights.
Have clauses in such as:
1. If they don't pay in full, their rights to use the work are withdrawn,
and they will be in infringement of copyright if they use it.
2. Include a clause that they have to pay legal fees if you need to hire a
lawyer to collect.
3. Whenever possible hold onto the copyright. Grant them a license for the
time, or media they need. When they need more rights, for example if they
want to use your creative in other media, they must pay additional fees. (In
some cases you can double your earnings through sales of additional rights.)

If *anyone on the list has advice* they'd like to share about licensing
flash art on the web, please email me. I may be able to include it (and
credit you) in my presentation at the World Animation Celebration in
Hollywood. I'll be moderating a panel on "Economic models, business models,
animation and the brave new world on the Internet" with execs from
Shockwave.com, Icebox.com, Disney Online.

Best regards!

Franke James
Jamesgang.com
______________________________________________
The World Animation Celebration May 30-June 4, 2000 -- Hollywood, CA
http://www.jamesgang.com/jamesgang/press/index.html
Franke James, Jamesgang.com, will be moderating the panel: "Economic models,
business models, animation and the brave new world on the Internet"
featuring Shockwave.com, Icebox.com, Disney Online and more at The World
Animation Celebration.

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