I am an illustrator and worked on a first round of a recipe book with an "Art" publishing company. The payment was low, but I figured it to be since, its the first time the restaurant group did something like this. Second time around I got a little more confident in my contracts and when they wanted illustration copyrights in perpetuity with no extra pay, I said No. I was then accused of trying to steal ideas from the restaurant and the publisher would let everyone know I was. Is this normal?
Is it normal? Depends on what you mean by ânormalâ and let me elaborate...
Is it ânormalâ as in are they right? No. Itâs not right that a collaborator should immediately jump to accusations when an artist asks to alter a contract or adjust a working agreement. I donât know enough specifics here to know whether they could pay you more or if they could have worked out limited licensing terms that worked for everyone, but regardless the answer is not to fly off the handle with threats.
Is it ânormalâ as in does this kind of thing happen frequently? Yes. Thereâs a few things at play here.Â
A) Intellectual Property Law is very confusing and intricate and instead of admitting that they donât understand the nuances, people with insecure egos try to intimidate other folks into backing down.Â
B) The Restaurant Biz is full of these types of toxic egos, and depending on whether you were dealing with the food folks or the book folks directly that could be a factor. If they are a legit publisher they should have been able to explain their stance on rights to you, and either there would have been room to negotiate or not, but it shouldnât have been an anger-causing situation. Lots of companies have perfectly understandable reasons for wanting the rights they do, and they should be able to explain why. Thatâs why I suspect either you were dealing with an inexperienced publisher or directly dealing with the restaurant side folks.
C) Our society, especially in the US/UK, where I am assuming this happened, has steadily underfunded and eroded not only Arts education but also the role of Artists in society. Thus the knee-jerk responses that Artists are always going to be poor and lazy. This is so prevalent that even creative folks themselves sometimes internalize this hatred and it lashes out at other creatives. I see this all the time when Artists are furious if anyone steals their work but are infuriated by the idea that they should be paying to use the music behind their time-lapse videos (just a recent example). That instant fury is a clue that someone is not reasoning rationally, that youâve tripped over some internalized bullshit. Unfortunately youâre not their therapist and the best way to deal with that is not work with them again.
All in all, the answer youâre really looking for is yes, you were right and justified in discussing terms and even if you were asking for wildly too much, or if you did not understand the business situation (Iâm not saying you did, just saying worst case scenario) it should have started a conversation not be responded to with threats and intimidation.