Last Day for Tickle Trunk

Filed under: Arts and Culture, Communications, Vegtable soup by Kevin Griffiths — Leave a comment

July 18, 2026

Licence your Work

pro road

Big world of art 🎨🎨🎭🎨🎨🎨

1. Exclusivity: The Artist’s Control and Future Income

Exclusivity defines whether the artist is allowing one licensee or many to use the artwork. Crucially, the concept of exclusivity can be limited by scope (product, territory, and duration).

A. Non-Exclusive License (Preferred for Maximum Income)|

Feature | Description | Artist’s Advantage | Artist’s Concern/Risk ||—|—|—|—|| Rights Granted | The artist retains the right to use the same artwork themselves and to license it to multiple other licensees. | Maximum Income Potential: The artist can license the same artwork across different product categories, territories, and industries simultaneously (e.g., license it for wallpaper in the US, and for notebook covers in Europe). | Market Saturation: The licensee’s product will not be unique, and the widespread use of the art could diminish its perceived value over time. || Pricing | Typically commands a lower royalty rate or a lower flat fee per deal. | The total cumulative income from multiple deals often far exceeds that of a single exclusive deal. | Licensees may demand some limited exclusivity (e.g., “Non-exclusive, but we get a one-year exclusive window on coffee mugs in Canada”).

|B. Exclusive License (Higher Risk, Higher Reward)

| Feature | Description | Artist’s Advantage | Artist’s Concern/Risk ||—|—|—|—|| Rights Granted | The artist grants only one licensee the right to use the artwork within the defined scope for the agreed term. The artist cannot license the art to anyone else (and may not be able to use it themselves). | Higher Compensation: Licensees pay a significantly higher fee or royalty rate for the guarantee that their product will be unique and free from market competition. | Lost Opportunity: If the licensee fails to sell the product successfully, the artist has forfeited the ability to generate income from that artwork elsewhere for the duration of the license. || Pricing | Commands a higher upfront fee and/or a higher royalty percentage. | Licensee is highly motivated to make the product a success since they have invested more for the exclusive right. | The “Sleeping Design”: The art could be locked up by a non-performing licensee, becoming a “sleeping design” that generates zero residual income for the artist. |The Critical Distinction: Exclusive by ScopeThe key to a successful exclusive license is making it as narrow as possible for the artist’s benefit. For example: * Bad Exclusive: “Exclusive use of Artwork A, worldwide, for 5 years.” (Locks up the art completely). * Good Exclusive: “Exclusive use of Artwork A on children’s bedding only, in North America, for a 2-year term.” (Allows the artist to license Artwork A for clothing, stationery, or in Europe immediately).

📋 2. Prescriptions for Use (The Contract’s

Specifics)”Prescriptions for use” are the mandatory, detailed conditions that dictate how the licensee is permitted to use the artwork. These clauses are the artist’s primary tool for quality control and brand protection.Key Prescriptions for Use the Artist Must Define:| Clause | Artist’s Concern | Required Contract Provision ||—|—|—|| Product Category | Licensee uses the art on products the artist doesn’t want to be associated with (e.g., adult themes, political merchandise). | The contract must contain a “Use Restriction Clause” that lists all approved product categories (e.g., T-shirts, posters, phone cases) and explicitly excludes others (e.g., gambling, tobacco, firearms). || Duration of Use (Term) | The license is granted “in perpetuity” (forever), trapping the artwork at a low, initial rate. | A “Term and Termination Clause” specifying a limited term (e.g., 2 years) and outlining clear conditions for renewal, non-renewal, or early termination (e.g., if sales drop below a minimum threshold). || Territory | The licensee sells the product in a region not specified or authorized in the agreement. | A “Territory Clause” explicitly listing the approved geographic areas (e.g., United States and Canada only). This prevents unauthorized global distribution. || Modifications | The licensee drastically alters the art (e.g., changes colors, crops out key elements, adds text) in a way that damages the artist’s creative integrity. | A “Quality Control & Approval Clause” stating that the licensee must obtain the artist’s written approval for all modifications and for the final product prototypes before manufacture. || Credit/Attribution | The artist’s name is omitted from the product or promotional materials, leading to lost brand recognition. | A “Credit Clause” mandating how and where the artist must be credited (e.g., “Design by [Artist Name]” on the product hangtag and packaging, or in the product description). || Performance (Guaranteed Sales) | The licensee fails to properly market and sell the licensed product. |

A “Minimum Sales Guarantee”

(often a guaranteed advance against future royalties) and/or a “Performance Clause” that allows the artist to terminate the license if the minimum sales/royalties are not met. |By meticulously defining these prescriptions, the artist ensures that they are granting permission for a specific, controllable action, rather than simply handing over their intellectual property without oversight.

Would you like to explore the common pitfalls artists face regarding Minimum Sales Guarantees and Advance Payments in licensing?

Prescription

That’s a vital area to focus on. Exclusivity and Prescriptions for Use are the two cornerstones that determine how much control and income an artist retains over their creative work.Here is an elaboration on each concept and the critical concerns for artists.🔒 1. Exclusivity: The Artist’s Control and Future IncomeExclusivity defines whether the artist is allowing one licensee or many to use the artwork. Crucially, the concept of exclusivity can be limited by scope (product, territory, and duration).A. Non-Exclusive License (Preferred for Maximum Income)| Feature | Description | Artist’s Advantage | Artist’s Concern/Risk ||—|—|—|—|| Rights Granted | The artist retains the right to use the same artwork themselves and to license it to multiple other licensees. | Maximum Income Potential: The artist can license the same artwork across different product categories, territories, and industries simultaneously (e.g., license it for wallpaper in the US, and for notebook covers in Europe). | Market Saturation: The licensee’s product will not be unique, and the widespread use of the art could diminish its perceived value over time. || Pricing | Typically commands a lower royalty rate or a lower flat fee per deal. | The total cumulative income from multiple deals often far exceeds that of a single exclusive deal. | Licensees may demand some limited exclusivity (e.g., “Non-exclusive, but we get a one-year exclusive window on coffee mugs in Canada”). |B. Exclusive License (Higher Risk, Higher Reward)| Feature | Description | Artist’s Advantage | Artist’s Concern/Risk ||—|—|—|—|| Rights Granted | The artist grants only one licensee the right to use the artwork within the defined scope for the agreed term. The artist cannot license the art to anyone else (and may not be able to use it themselves). | Higher Compensation: Licensees pay a significantly higher fee or royalty rate for the guarantee that their product will be unique and free from market competition. | Lost Opportunity: If the licensee fails to sell the product successfully, the artist has forfeited the ability to generate income from that artwork elsewhere for the duration of the license. || Pricing | Commands a higher upfront fee and/or a higher royalty percentage. | Licensee is highly motivated to make the product a success since they have invested more for the exclusive right. | The “Sleeping Design”: The art could be locked up by a non-performing licensee, becoming a “sleeping design” that generates zero residual income for the artist. |The Critical Distinction: Exclusive by ScopeThe key to a successful exclusive license is making it as narrow as possible for the artist’s benefit. For example: * Bad Exclusive: “Exclusive use of Artwork A, worldwide, for 5 years.” (Locks up the art completely). * Good Exclusive: “Exclusive use of Artwork A on children’s bedding only, in North America, for a 2-year term.” (Allows the artist to license Artwork A for clothing, stationery, or in Europe immediately).📋 2. Prescriptions for Use (The Contract’s Specifics)”Prescriptions for use” are the mandatory, detailed conditions that dictate how the licensee is permitted to use the artwork. These clauses are the artist’s primary tool for quality control and brand protection.Key Prescriptions for Use the Artist Must Define:| Clause | Artist’s Concern | Required Contract Provision ||—|—|—|| Product Category | Licensee uses the art on products the artist doesn’t want to be associated with (e.g., adult themes, political merchandise). | The contract must contain a “Use Restriction Clause” that lists all approved product categories (e.g., T-shirts, posters, phone cases) and explicitly excludes others (e.g., gambling, tobacco, firearms). || Duration of Use (Term) | The license is granted “in perpetuity” (forever), trapping the artwork at a low, initial rate. | A “Term and Termination Clause” specifying a limited term (e.g., 2 years) and outlining clear conditions for renewal, non-renewal, or early termination (e.g., if sales drop below a minimum threshold). || Territory | The licensee sells the product in a region not specified or authorized in the agreement. | A “Territory Clause” explicitly listing the approved geographic areas (e.g., United States and Canada only). This prevents unauthorized global distribution. || Modifications | The licensee drastically alters the art (e.g., changes colors, crops out key elements, adds text) in a way that damages the artist’s creative integrity. | A “Quality Control & Approval Clause” stating that the licensee must obtain the artist’s written approval for all modifications and for the final product prototypes before manufacture. || Credit/Attribution | The artist’s name is omitted from the product or promotional materials, leading to lost brand recognition. | A “Credit Clause” mandating how and where the artist must be credited (e.g., “Design by [Artist Name]” on the product hangtag and packaging, or in the product description). || Performance (Guaranteed Sales) | The licensee fails to properly market and sell the licensed product. | A “Minimum Sales Guarantee” (often a guaranteed advance against future royalties) and/or a “Performance Clause” that allows the artist to terminate the license if the minimum sales/royalties are not met. |By meticulously defining these prescriptions, the artist ensures that they are granting permission for a specific, controllable action, rather than simply handing over their intellectual property without oversight.Would you like to explore the common pitfalls artists face regarding Minimum Sales Guarantees and Advance Payments in licensing?

A “Minimum Sales Guarantee” (often a guaranteed advance against future royalties) and/or a “Performance Clause”

that allows the artist to terminate the license if the minimum sales/royalties are not met. |By meticulously defining these prescriptions, the artist ensures that they are granting permission for a specific, controllable action, rather than simply handing over their intellectual property without oversight.Would you like to explore the common pitfalls artists face regarding Minimum Sales Guarantees and Advance Payments in licensing?