AM I TAKING PART IN A COLLECTIVE WORK BY ILLUSTRATING A TEXTBOOK?

No. According to Article 7 of the Spanish Intellectual Property Act, when a work is the result of a joint effort by various authors, the rights for that work belong to all of them, and to disseminate and modify this work it will be necessary to have the consent of all co-authors. Meanwhile, for collective works (Article 8 of the Spanish Intellectual Property...

I AM NOT SURE WHAT I SHOULD CHARGE FOR A WORK

If your are asked for a quote for a work, it is important for you to know that, in most cases, it is not necessary to answer straight away, it is quite normal to think it through and to assess what price to quote. If you know anyone who has done any jobs similar to yours, feel free to ask. If you have any queries, you may also contact APIC.

FOR HOW LONG AM I ASSIGNING THESE RIGHTS?

If in the invoice or contract you sign with your client there is no mention on the duration of this assignment, it will be understood that you have assigned rights for that work for a period of 5 years. Normally, for books there is a clause in the agreement stating the duration of the rights that, in most cases, is for 15 years. For advertisements, the works...

WHAT IS THE MEANING OF ASSIGNING EXCLUSIVE RIGHTS?

This means that the party assigning rights (the person or company receiving these rights and that can make use of this work) always limited to this work, shall be authorized to make use of this work exclusively, excluding any other person, including the author. This party shall also be authorized to assign non-exclusive rights to third parties. This kind of assignment...

ARE WE PROTECTED BY LAW WHEN CLAIMING ACKNOWLEDGEMENT FOR AUTHORSHIP OF ILLUSTRATIONS?

As a moral right of authors, it is essential, as established in article 14.3 of the Spanish Intellectual Property Rights Act, that authors can demand that their authorship of a work be recognized. Due to a lax attitude, a lack of knowledge or indolence, very often works are reproduced without mentioning the author. When the © is established in favour of a publishing...

CAN WE DEMAND THAT THE ORIGINAL WORK IS RETURNED ONCE IT HAS BEEN REPRODUCED?

Yes. Both articles 56 and article 64.6 of the Spanish Intellectual Property Act establish that original works may be recovered by their authors. Specifically, article 56.1 establishes that the proprietor of the support where the work is included does not have, for this sole reason, any right to exploit the work. In the opposite sense, the person owning the rights...

SHOULD WE DEMAND A PAYMENT IN ADVANCE WHEN COLLABORATING IN THE ILLUSTRATION OF A BOOK?

It may be possible that, if the promotion of a book isn’t adequate or if the book isn’t as successful as expected, there is an unfair situation where the illustrator’s work is barely paid for, or not in relation to the amount of work and effort put into the job. This is why it is important to try charging an advanced payment or any royalties that may be...

WHAT SHOULD WE DO IF OUR WORK HAS BEEN USED UNLAWFULLY?

It is only too often that we see commissioned illustrations used unlawfully or that, once they have been made, are then used for purposes other than those initially agreed. There have been cases with logos being used unlawfully and without the author’s consent, or other cases where, for example, an illustration was made for an information leaflet and then...

WHAT HAPPENS WITH RIGHTS WHEN AN AUTHOR WORKS IN A COMPANY?

Article 51 of the Spanish Intellectual Property Rights Act deals with the transmission of the rights working as an employee. The Act establishes that the transmission to the employing agent of exploitation rights for a work created on the grounds of a contractual relationship will be governed by the agreed terms and conditions established in the contract. When...

Manual de la internacionalització

Manual de la internacionalització

1.-Internacionalització dels il·lustradors
2.-Recursos a l’abast
Les noves tecnologies
Les xarxes professionals i socials
Els agents
Les fires
Recomanacions per anar a la Fira de Bolonya
Recomanacions per anar a la Fira de Montreuil
Concursos internacionals
Ajudes d’organismes
3.-Contractes i legislació jurídica i fiscal

Guia per a autors novells

Guia per a autors novells

Guia per a autors novells
> Introducció
> Sortir de l’escola a buscar feina
> Els secrets d’un bon book
> L’encàrrec d’una feina
> El càlcul de pressupostos
> El contracte d’edició, igual per a tothom
> Feina feta
> Com han de ser les factures?

10 consells i idees de professionals

THE ECONOMIC SITUATION OF GRAPHIC ILLUSTRATION IN SPAIN

THE ECONOMIC SITUATION OF GRAPHIC ILLUSTRATION IN SPAIN

Index Study on the economic weight of illustration in the cultural sector:
-The professional sector of graphic illustration in Spain.
-The professional work of illustration in Spain
-Commercialization of graphic illustration in Spain
-The economic situation of illustrators
-Perception and valuation of the economic situation
-Results of the qualitative interviews

You may download it at www.fadip.org

ILLUSTRATORS AND THE LAW

ILLUSTRATORS AND THE LAW

Introduction
> Commissioning a work to be edited and assignment of rights for the editing of books.
> Illustrators and the administrations
> Different samples of contracts and invoices
> Legal and tax-related questions and answers

Download Illustrators and the Law

GIZ 0

GIZ 0

> If you are thankful that an association you belong to makes sure that illustration awards have, insofar as possible, a fair jury (In relation to the selection works, page 10).
> If you are uneasy about ethical limits (‘Que ho sigui però sense ser-ho’ “let it be so, but not being so”, page 7) you must impose to your clients’ demands.
> If you want to know what the most interesting things that are being prepared (‘Projecte Garabattagge’ “Garabattagge Project”, page 8) in the field of illustration are.
> If you are interested by anecdotes stressing the enormous projection of illustrators’ work in society (‘Morir d’èxit’ ”Die from too much success”, page 9).
> If you feel curious to know other fully fledged authors or beginners, but all of them alive and kicking (‘Steadman’ “Steadman”, page 3, ‘Pies de autor’ “Authors footnotes”, page 16), their professional paths, experiences and their way of living the profession.
> If you want to have real information (‘Top manta il·lustrat’ “Illustrated Top Manta”, page 13) on what the rates are, what they should be and the economic benefits that are really obtained from your work.

GIZ 01

GIZ 01

> If you have ever gone through professional experiences where you wished the ground would open up and swallow you (‘Com fets per algú que no sap dibuixar’ “like done by someone who can’t draw”, page 10), and you don’t wish this experience to anyone.
> If you are worried your work won’t be properly referenced in the media (‘Il·lustres o treballes?’ “Do you illustrate or do you work?”, page 11).
> If you want to know all the latest trends (‘Junceda’ Awards, page 2).
> If you are interested in exchanging life experiences with other professionals working in the same area (‘Apunts de camp digitals’ “Digital field annotations”, page 4).
> If you want to know what the advantages and inconveniences of working through a representative who deals with negotiations and paperwork in exchange for a percentage of your earnings (‘M’ho vens to o m´ho venc jo?’ “Will you sell it for me, or shall I sell it myself?”, page 12).
> If other illustrators have been good company or inspired you during life (‘Mai podré odiar André Francois’ “I shall never be able to hate André François”, page 14) and you would like to contribute to their acknowledgement.
> Or if, in general, you want illustration to be acknowledged for what it is: a professional work (Top Manta ‘Il·lustrat’ “Illustrated”, page 6).

GIZ 02

GIZ 02

FRONT COVER Illustration by Juanjo Sáez.
00 EDITORIAL Illustration by Miguel Gallardo.
01 FEATURE ARTICLE ‘La il·lustració necessita vendre’s’ (Illustrations needs to be sold). Text by Maria Palau. Illustration by Mariona Cabassa and Ed.
02 DEBATE ‘Vendre a l’estranger: una maleta i una carpeta, o un agent?’ (Selling abroad: a suitcase and folder, or an agent?) Text by Jaume Vidal. Illustration by Pepa Reverter.
03 PROFILE ‘Hanoch Piven: un il·lustrador que juga fort’ (Hanoch Piven: an excelling illustrator). Text by Maria Palau. Illustration by Hanoch Piven.
04 APIC ‘Premis Junceda: els nous camins de la il·lustració’ (Junceda awards: the new ways of illustration). Text, Editing & Illustration by Alex Fito, Pere Joan & Max.
05 TOP MANTA ‘Els quatre punts cardinals són tres: el nord i el sud’ (The four cardinal points are three: the north and the south). Text & Illustration by Horacio Altuna.

Giz 03

Giz 03

FRONT COVER Illustration by Miguel Brieva
00 EDITORIAL “Dies Veloços” (Fast days). Illustrations by Pau Masiques.
01 FEATURE ARTICLE “La il·lustració a l’era digital” (Illustration in the digital era). Text by Ramón Vendrell. Illustrations by Mirjana Farkas, Martin Tognola & IGNOT.
02 DEBATE “Un canvi irreversible” (An Irreversible Change). Text, Editing & Illustration by Arnal Ballester.
03 PROFILE ‘Montse Bernal, “Voyeur” dels rostres des del bressol’ (Montse Bernal, “Voyeur” of faces from the cot). Text by Ramón Vendrell. Illustration by Montse Bernal.
04 APIC ‘Consells pràctics per dibuixar un bloc’ (Practical advice to draw a bloc). Text by Rafael Arjona. Illustration by Rafael Arjona.
05 TOP MANTA ‘Drets privats, béns públics’ (Private rights, public goods). Text & illustration by Perico Pastor.