What is art licensing?

Art licensing is when the owner of rights in a work of art (very often the artist that created the work) allows another party (such as a product manufacturer or distributor) to reproduce and make commercial use of his or her artwork in exchange for either a royalty or a flat “license fee” under the terms of a contractual agreement (typically called a “license agreement”). Generally, the license agreement sets out the manner in which the artwork may be used (for example, on what products or in connection with what services), the length of time for which the work may be used, the territory where the work may be used and the agreed upon royalty or license fee to be paid in exchange for such use.

Licensing can be an excellent way for artists both to build awareness of their work and boost their incomes. Indeed, as of the date of this writing, licensing is a $170 Billion dollar industry and growing!!!

If I display my artwork on LicensArt.com, am I locked into using LicensArt.com as my licensing agent? In other words, is my relationship with LicensArt.com exclusive?

No…and yes. Your relationship with us is initially non-exclusive and you may display your artwork on LicensArt.com without any obligation to use us as your licensing agent -- up until such time as you approve and sign a license agreement we present to you for consideration. However, once you approve and sign a license agreement we present to you, your relationship with us becomes exclusive for a period of twenty-four (24) months with respect to both (i) the artwork you’ve agreed to license through us (and any of your existing or subsequent work that is derivative thereof or substantially similar thereto) and (ii) the company or entity you’ve agreed to license your work to. This means that during the above-mentioned twenty-four (24) month exclusivity period, you may not license any such artwork we've helped you license (or work that is derivative thereof or substantially similar thereto) to new licensees on your own or through another agent, or make additional licensing arrangements with existing licensees that we introduced you to on your own or through another agent.

Couldn't I just license my artwork on my own (i.e. without a licensing agency)?

Certainly. And what sets us apart from the traditional licensing agencies is that you are free to do so even after you register with us, up until you approve and sign a license agreement that we present to you for consideration. Even after that, you are only committed to us with respect to the artwork we’ve helped you license (and any of your existing or subsequent work that is derivative thereof or substantially similar thereto) and the licensees we've introduced you to. By contrast, most traditional licensing agencies will seek an arrangement with you that is exclusive from the outset and that covers all of your work and all potential licensees.

Then why should I let LicensArt.com help me license my artwork?

With over 15 years of collective experience in the licensing industry and in the product development and sourcing arenas, our team is extremely well positioned to leverage our industry knowledge, experience and contacts to market to and match you with the most suitable licensees and to negotiate the most favorable royalty rates and other significant deal terms on your behalf. We are intimately familiar with all of the pitfalls and risks inherent in this business, so we know how not to leave your money on the table or license away more rights than you intend to.

Moreover, we handle all of the time consuming and complex legal, accounting and other day-to-day administrative work associated with the license agreements we secure for you, so you can focus more of your time and energy on the business of creating rather than the business of, well, business. In short, our chief objective is to maximize the profits of our member artists while minimizing their headaches.

What is your commission rate?

Our commission rate is 35% of all revenues from license agreements we present to you (and that you approve), which is at the low end of the licensing agency commission spectrum.

How do I display my work on LicensArt.com?

As soon as you register with us, you may begin uploading images of your work to our searchable gallery (in accordance with our Terms of Use and our Agency Agreement). The uploaded images are searchable by genre, style, subject and keyword, and interested licensees are instructed to inquire with us.

Do I have to be an established/professional artist to display my work on LicensArt.com?

Absolutely not. Although we certainly encourage established and professional artists to display their work here, all artists (including art students and artists with no formal training) are welcome to do so as long as the artwork they upload is their original work and otherwise comports with our Terms of Use and our Agency Agreement.

Not for a period of twelve (12) months. In order to protect ourselves from those who might otherwise try to take advantage of our services but avoid our commission, we require that artists who turn down license agreements we present to them not enter into other license agreements with the same proposed licensees on their own or through another agent for a twelve (12) month period. If an artist nevertheless enters into such a prohibited license agreement during the twelve (12) month period mentioned above, we will be entitled to collect our commission on the revenue derived from that license agreement.

How is my work marketed?

We will regularly and aggressively market our searchable art gallery to thousands of prospective licensees across multiple industries and product categories. We may also periodically market the work of “featured” member artists to prospective licensees.

What type of work may I submit?

We recommend you consider posting only those images that you believe will have broad commercial appeal for use on products or their packaging or in connection with commercial services. For example, wildlife themes, floral patterns, food and beverage themes, sports themes, Americana, etc. are more likely to catch the eye of a potential product manufacturer or distributor than dark or unpleasant imagery. With that stated, however, artists may submit any type of still image artwork they wish to, subject to our Terms of Use and our Agency Agreement.

How do I know if I own the rights to my artwork?

Generally speaking, in the United States, the creator of a work of art automatically owns the copyright in the work. However, there are some exceptions (for example, if the work is created for an employer and meets certain criteria it may be deemed a ‘work made for hire’ and the copyright may be owned by the employer). Also, if the work contains elements that are owned by other parties (for example, a collage of famous labels featuring various corporate trademarks), the creator of the work may not be able to freely license or otherwise exploit it without written permission from all parties owning elements featured in the work.

Nothing in this FAQ is intended to constitute legal advice. If you are unsure of whether you own or may freely license your work, please consult a competent attorney.

Does LicensArt.com screen my work based on perceived marketability?