Published 07/12/2016
The new contract
We wish to protect our artist’s rights and ourselves so that we can continue to offer the best service possible for all our artists. The new contract includes:
• New wording to include changing legislation for collecting societies and copyright administration
• More clearly defined Terms
• A more clearly defined Grant of Rights to include secondary rights legislation in line with new legislation.
• Our expectations for both an Exclusive and Non-Exclusive contract
How should I return the contract?
Please return a complete, signed copy of the contract as soon as possible. We have been running this project since March and are keen wrap this up before the end of the year.
We will sign and scan a return copy to you. If you’d prefer we can post a hard copy of the contract with a wet signature.
What does an exclusive contract mean?
The exclusive contract means a couple of things:
• You will receive 50% of all fees we receive from a client. This will include a reproduction fee and a copyright fee.
• We will be your sole licensing partner for all images you place with us in the archive. We expect you to forward all licensing requests to Bridgeman Studio to handle on your behalf. This applies to all images you place with us at Bridgeman Studio.
• We will be your sole copyright administrator, a fact which hasn’t changed from our older contract. You cannot assign more than one copyright administration body to clear copyright in your work.
• You will be able to use your own images for personal use.
Download an Exclusive Contract to sign and return
What does a non-exclusive contract mean?
• You will receive 40% of all fees we receive from a client. This will include a reproduction fee and a copyright fee.
• A non-exclusive contract means that you are free to license the images you place with the archive to other licensing partners or individuals outside of your contract with Bridgeman.
Download a Non-Exclusive Contract to sign and return
How long does the contract last for?
All contracts unless specified, will last for a minimum period of five years. After the minimum term, the contract will roll onwards until it is terminated by either of us giving to the other not less than 3 months written notice to terminate.
What does a service fee mean?
The service fee (formerly a ‘subscription fee’) is an annual fee of £100/ $150/ €125 we charge artists for access to the online platform, support and the maintenance of the systems in place for artists to access sales report and image usage activity.
The service fee will be requested every year at the same time based on when you joined Bridgeman Studio. This contract will not necessitate a service fee and you will be prompted for your service fee at the same time as before.
When does the contract begin?
The contract starts as soon as you have signed and dated the agreement.
What is Print on Demand?
Print on Demand (POD) is our primary source for selling print products online through Art. They offer high quality prints and prints on canvas for images we supply from our artists who have said yes to the service.
• Is it too late to opt-in to POD or 3rd Party POD?
It is never too late to opt-in to POD! As soon as we have your permission, we will supply your images to our partners and these will appear online for sale within one month.
• Is it worth me signing up to these services?
Bridgeman Images recommends that artists do make the most of these services by opting-into them. They offer a broad range of products for artists to see their work on, and introduce a new audience to their work. Frequently, we find the POD/3rd Party POD offers the most regular and steady stream of income for an artist at Bridgeman.
• What will the return to the artist be for products sold?
For every sale made through POD or 3rd Party, the artist will receive 50% of the royalty that Bridgeman Images receives after commission. This equates to 12.5% of the retail price.
Who and what are Collective Management Organisations?
A Collective Management Organisation describes an organisation set up to collect and then distribute royalties to its member artists. This often applies to ‘secondary rights’ like DACS/ ADAGP
Primary rights are quite straight forward. A licence is raised by us on your behalf that allows the client to reproduce the image in, say a book. We invoice them and it appears in your statement of sales. Bridgeman then has to track every work and claim against any use in books, magazines and television- no small job!
What happens after is a little less straightforward. That book may end up in an institution like a library or college. In this instance a collective license is raised by the Copyright Licensing Agency (CLA) that allows institutions to photocopy, scan and email articles already published without having to seek permission each time.
It is very important that you circle either ‘Yes’ or ‘No’ on Page One of the Agreement indicating whether you’d like Bridgeman to administer and collect these royalties for you.
Why are we required to sign a new contract now?
We wish to protect our artist’s rights and ensure our terms reflect best practice and changing legislation in secondary licensing so that we can best serve our clients.
Legislation around Collective Management Organisations has changed for the first time, meaning that more than one collecting society can now collect secondary rights for rights holders. Previously, the CLA had an exclusive licence with DACS which terminates this year. Because of this we now require each of our rights holders to mandate us specifically. We will choose whether to collect directly or work through a collecting society.
Contact
If this crib sheet doesn’t answer your questions, please contact a member of the artist team who will be able to assist you in completing your artist contract:
Email: studio@bridgemanstudio.com
