Should I be paid for art work published in a book?

Asked over 1 year ago - Willingboro, NJ

I illustrated a book years ago, and was not paid, Then the author used the illustrations again in another book, with out any contact with me.

Attorney answers (4)

  1. Daniel Nathan Ballard

    Contributor Level 20

    5

    Lawyers agree

    Answered . You already know the answer. So ask for the compensation you negotiated for and, if it's not forthcoming, then speak with your own attorney about how to collect. Press on.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... more
  2. Mario Sergio Golab

    Contributor Level 17

    5

    Lawyers agree

    Answered . In principle you should be compensated for your authorship, expect that compensation does not necessarily means money. The question you and your copyright attorney need to answer is whether the terms/contract whereby your art was used was a license, a donation, work for hire. What were the terms regarding ownership and subsequent rights. Contracts need not be in writing, they may be oral.
    A Copyright attorney needs to comb through the history of your relationship and build a case to determine whether compensation is due and rights in your art for derivative works.

    USPTO Registered Patent Attorney, Master of Intellectual Property law, MBA I am neither your attorney, nor my... more
  3. Bruce E. Burdick

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, of course, if you did not agree to do it for free. You don't get paid just because you want to get paid or "should" get paid. You get paid because you cause the payor to pay. A lawyer can likely help make that happen. You did not say what your deal, if any, was on the book you illustrated. That makes me think you might have agreed to not get paid or might have done this as an employee or signed a copyright assignment. You really need to see a lawyer and give the whole story, not this partial one-sided, vague version you gave here. Provide additional facts, if you want more from us.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  4. Brian Kenneth Dinicola

    Contributor Level 13

    Answered . As the creator of the illustrations, you are certainly entitled to compensation - at least for the recent usage. If you have not yet found an attorney in NJ to help, contact me - in a 1/2 hour free consultation I can at least put you on the path to registration of your illustrations with the U.S. Copyright Office. If you have already an idea of what you think is reasonable compensation, we can discuss what to do next.

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