Overview: The following contract from Careers & Colleges Magazine was forwarded to us by an artist who had some objections to specific provisions in the contracts. The artist decided that instead of simply rejecting the contracts, he would change or delete certain contract provisions, and then sign the modified contract. The company accepted the changes made by the artist.

There's a moral to this story: YOU CAN NEGOTIATE! Contract workers sometimes feel they face a black-and-white choice when deciding whether to accept or reject a contract. Not true--you can always attempt to negotiate with the client, and rewrite or delete unfair provisions so that your interests are protected.

This is an example of successful contract negotiation.

It is the Guild's policy to inform companies when their contracts are being reviewed by the Contract Monitor Committee, and to print any response from the Company. Careers & Colleges has responded very positively to our comments, and we commend them for it. Their response is included directly following our comments below.

Contract Highlights:

What follows are two versions of each contract provision. The "Original Statement" is the provision as it was written by the client. The "Artist's Change" shows how the artist altered the provision.

Remember, these are changes that were accepted by the client.

=> KILL FEE

Original Statement: "If the Work is not accepted, [Careers & Colleges] will pay 20% of the Acceptance Fee..."

Artist's Change: The kill fee will be 50% after the preliminary sketch is accepted; 100% after final art is accepted.

NOTE that the artist not only increased the size of the fee, but clarified the conditions under which the kill fee would be paid.

=> RIGHTS GRANTED

Original Statement: "You also grant us the right to use the Work, for no additional compensation, for advertising and promotional purposes. You also grant us the further right to use the Work or portions thereof in newspaper or magazine articles. For use in newspapers and magazines, we shall pay you a reasonable amount to be determined by us in our sole discretion, which shall not exceed 25% of the acceptance fee."

Artist's Change: The artist deleted the above sentences.

NOTE that the client originally wanted the right to decide, without consulting the artist, what constitutes a "reasonable amount" for certain reuse of the artwork.

=> EXCLUSIVE USE

Original statement: "If reprinted [by another client], you shall require that we shall receive suitable credit on the page where the work appears."

Artist's Change: The artist deleted this sentence.

It looks to us like the company was trying to get a little free advertising for themselves, at the expense of the artist.

=> CREDITING ARTISTS' SOURCES

Original Statement: "The Supplier [artist] will duly credit any source material incorporated into the work..."

Artist's Change: The artist added the phrase "to the best of my knowledge".

By adding that phrase, the artist gains some protection against claims challenging the originality of the work.

=> WARRANTIES AND INDEMNIFICATIONS

Original Statement: The supplier shall indemnify Careers & Colleges and hold it harmless from any claims damages, losses and costs (including reasonable attorneys' fees) arising out of any alleged violation of any representation or warranty contained in this Assignment Agreement."

Artist's Change: The artist deleted this sentence.

We feel that this provision could have exposed the artist to liability for costs, even if the alleged violation turned out to be false. The artist was very smart to delete this.

Updated News:

=> RESPONSE from Careers & Colleges <=

In a letter sent to GAG, Careers & Colleges states that:

1) They will raise their kill fee from 20% to "25% prior to completion of sketches, 50% for sketch phase and 100% for finished art";

2) They will raise their syndication fee from 25% to 50%;

3) Their advertising and promotional use of the artist's work will be limited to C & C, and will "always" be credited; and

4) They confirm that their contract is negotiable.

We applaud Careers and Colleges magazine for their willingness to examine their policies toward artists, and even more so for making significant changes to their contract. Their new fee schedules are fair. More than that, their attitude reflects a genuine respect for the work artists do.