Licensing my designs questions

[Gail2022]

Hi,  I've been a self taught designer for almost 15 yrs.  However, I've never licensed any of my work.

I had a woman today contact me about my designs and asked what I charge.  She asked if I licensed?  I haven't responded back yet I need help in answering her.  She wants to make umbrellas, cushions and matching pillows.  

I really don't want to get involved in 'licensing' so what do I do in this situation.  I imagine she wants exclusive rights to some of my designs and said she already has a fabric printer.  What would be fair in a price for each design she wants to purchase?

Thank you,

Gail

[Sara_H · Accepted solution]

@Gail2022 My suggestion is don't say yes until you've thoroughly researched Intellectual property licenses (exclusive, non-exclusive or sole licences) maybe get yourself an IP lawyer if you're going to go down this route.

Be weary of anyone contacting you directly through messages.

[Gail2022]

Thank you Sara.  I don't think I'm going to license at all.  I'm just not wanting to put out money for an IP attorney.  

[waterart]

If she is willing, you can sell her non exclusive license with a limit on how many products she can make with your design and/or put a time limit on the license.

[Gail2022]

I like your idea.  What would be a fair price to ask for a non-exclusive design.  I think she is interested in several.  I don't want to bother with licensing at all.  So what do you think would be a fair per design price?  

[waterart]

I don't know what would be a fair price, maybe $100 per design for a non exclusive one year license.

[KeegansCreation]

DON'T DO IT! You have no enforcement mechanism. You have no way to stop her if she decides to break the terms of the license. And I am pretty sure she will. There are many, many places that sell designs (often to Zazzle designers). They are companies with lawyers and ways to go after people who break the license. So instead she tries to buy from somebody who doesn't normally sell the design files and won't be set up for it and will just muddle through, possibly with too low a price, definitely with no way to enforce a license. 

It doesn't matter what license you set up. You have zero way to enforce it and in fact if you do this, she can turn around and start selling the design not just on PODs (a presumed allowed use) but on the design-sales companies like Creative Market, Creative Fabrica etc. etc. as though she were the creator, not the purchaser. Of course every single license doesn't allow that. But how would you stop her?

[Gail2022]

Wow!  I never considered the potential problems that could occur.  Ok, I’m definitely not going to sell any files to her.  I was contacted on Spoonflower.com. She said she was a seamstress and wanting to make outdoor umbrellas, cushions and pillows with my retro/mid-century designs there.  I do really well there with sales.  I appreciate your taking the time to write a response.  I’m definitely telling her NO!  Thank you!  ~~Gail

[alissag]

From my own experience, the few times I've been approached via Zazzle by a company or individual looking to license my artwork and given them what seemed like a very reasonable and fair price, I never heard back from them. So, don't sell you or your artwork short, but also don't get your hopes up. I think sites like Creative Market have conditioned people to think they can license artwork very cheaply. As someone who is already making money with your artwork by "licensing" it to Zazzle you know the value of your artwork, and shouldn't sell yourself short.

[Gail2022]

Thank you!  I really appreciate your response.  I have decided not to do it.  Again, thank you!

[Jessica_K]

Alissa, this was an excellent response. Know your value!

Thanks,

Jessica

[almdrs]

2 people contacted me this year, asking me if they could buy the rights to use 2 of my images. They probably think that Zazzle is like a stock photo company.

I told them that Zazzle doesn't offer that kind of service.  And that's the end of the story.

[Gail2022]

Oh. My.  God .  You made me snort laugh and I just got the ice tea all over a white corduroy  Pillow.  LOL. That’s hilarious, “Zazzle is a stock photo company”. Thanks, I enjoyed your response.  😂

[Gail2022]

I also love your work, so much talent on Zazzle.  I like you, great sense of humor and we think alike politically speaking 😉😁