UK Copyright Laws 2022:
According to 'The Illustrators Guide to Law and Business Practice' by Simon Stern, UK Copyright laws protect the artist from the time they create the work and spans across their lifetime plus seventy years. Once this time frame has passed the work is then in the public domain and does not have any restrictions.
The artist can reproduce their work to sell as prints or in other printed media, even if the original work has been sold. They retain the copyright for the original. If a client wanted certain rights to produce images from that work they would need to purchase a license with a contractual agreement signed by the artist and stating the usage rights. The artist can sell their copyright in a contractual agreement, according to the resources of the AOI but this is not common practice. The sale of copyright would be handing over all rights to that work and is known as an assignment, which must be in writing to be bound by law.
If a company or individual violates an artists copyright you can speak to them directly to resolve the matter, sometimes a 'Letter before Claim' is necessary before you consider court proceedings. It is advised to aim to settle the matter between both parties as court claims can become costly and very time consuming. There are several alternative ways to claim if money is owed rather than involving the courts. If it is a case of an individual copying an artists style or work then further investigation should be made to see if the work really does infringe on the original artists work. AOI has many resources to use to help identify whether infringement has really taken place.
When working on illustrations the illustrator must be cautious about using reference images as this could make them liable for copyright infringement if the illustration is obviously taken from that reference image and it is not 'copyright free', meaning available for public use but not for resale.
When using reference images they should either be from websites that allow the use of the images for reference purposes, there are several websites available for this purpose, or ideally use your own reference photos. If using a photo for inspiration that is not free for public use you must only take inspiration and not directly copy from it. Even taking certain elements from that image can make you liable for infringement which has a severe penalty.
There are more copyright laws to consider if using collage materials or creating surface designs and the AOI is a very good resource along with the above mentioned book for giving further advice. The AOI also has a new service called 'Fighting Fund' where they support illustrators who have a solid claim for copyright infringement and need to go through the Intellectual Property Enterprise Court.
Pricing Your Illustrations:
According to the AOI, Illustrators do not usually work by day rates for client work. A fee is usually worked out based on the client brief, the size of the project, how long it will take to complete, the time scale given by the client (is it a tight deadline for example?) the amount of time the work will be used for and the intended usage and territory of the work. A client is purchasing a license to use the image for an intended purpose and duration and does not hold the copyright. This license covers the actual creation of the work and the duration of use. Day rates can be counterproductive because they are time based rather than value based. Illustrators are encouraged to use a project free based on the specific project.
You can work out your average hourly rate based on the average yearly salary of an illustrator, considering how many hours you will work on client projects and measured against current cost of living. The AOI encourage illustrators to keep in mind that you are a skilled professional and therefore your wage should be above current UK minimum. They have a very useful calculator to work out what your salary may be and lot's of resources to help price your work depending on the type of project and client.
When pricing my own work for a client I would ask them questions to know the exact time frame of use, the territory it is being used in, the deadline and ask the client what their budget is for the project. I would measure these answers against my own salary calculation as well as talking to other illustrators to gage an idea of a reasonable fee. Some negotiation maybe required if the client does not reveal their budget or has a very low budget for a project that is going to take some time to complete. Where possible I would negotiate and try to come to an agreement if the project is in line with my field of interest.
If a client, charity or individual asks for work for free, the AOI strongly discourages illustrators to do so. In most cases the illustrations would be to enhance their own business and in the case of charities, they do have promotional budgets in place to finance such projects. An illustrator should seriously consider not working for free unless in exceptional circumstances.
Home (no date) The AOI. Available at: https://theaoi.com/ (Accessed: November 11, 2022).
Illustrators, A.O. (2008) “Copyright,” in Illustrators guide to law and business practice. Association Of Illustrators, pp. 46–50.





























































