Copyright & Licenses | Wakan Del Sol

When you commission me to create a design for you—whether it’s a logo, apparel design, or tattoo design—I will create that design for you at the cost of my time plus materials. However, if you wish to use that design for commercial purposes, such as incorporating it into your branding or selling it on products in your online store, you will need to obtain my explicit permission. Commercial use of a design goes beyond personal use, as it is intended to promote your business and holds a higher value, which will be reflected in the price. To clarify everything, let’s start with copyright.

“Whoever creates it, owns it.” Copyright is essentially a bundle of rights, including the right to copy, reproduce, publicly display, publicly perform, and create derivative works. Copyright automatically belongs to the creator of the design, unless it is transferred in writing. There are many reasons why owning the copyright to a piece of work is valuable and why you may not need that level of usage for your project. Owning the copyright essentially means you are free to reproduce the work as you wish, edit it in any way you see fit, and sell it worldwide. However, it also means I (the artist) can no longer attach my name to the piece, use it in my portfolio, or promote myself with it. This is why I license my work.

License

A license is simply the permission I give you to use my artwork and define the boundaries of how you may use it. Licensing means renting a commissioned (or pre-existing) design or illustration for a specific purpose, for a defined period, and within specific geographic limits.

The License Fee

If you want to sell products with my design or illustration on them, licensing can take the form of royalties (a percentage of each item sold) or a flat fee (agreed upfront). The details of the licensing arrangement will be laid out in a contract, called the “License Agreement.”

Factors Affecting the License Fee

Usage: What will the design be used for? On what products will you place the design? How large is your business?
Territory: Where will the products be sold? The larger the territory, the higher the cost.
Duration: How long would you like to use the design for? If you plan to use the artwork for many years, the value is higher than if the work is only used for a short period (e.g., for a campaign or season).

Exclusive vs. Non-Exclusive

Exclusive License: When artwork is licensed as "exclusive," you will be the only one allowed to use the work in the agreed territory and duration. I will not license the design to anyone else.
Non-Exclusive License: A non-exclusive license grants you the right to use the artwork but does not prevent me from licensing it to others as well.

Buyout / Copyright Transfer

Please note that I generally do not transfer full copyright. I prefer to license my designs so that you can use them as-is. I retain the right to be recognized as the author of the design, and I may use the image for self-promotion, for example, in my portfolio. This also means you cannot alter the design (or have it altered by others).

If you do specifically wish to buy the full copyright to a design, we can discuss the possibilities. The fee for transferring full copyright will be much higher than for a standard, limited licensing agreement, as the ownership of the copyright will be transferred.

Summary:

Commercial Use: For the commercial use of a design (e.g., selling products like shirts or prints), a licensing fee is required, which varies based on usage, territory, and duration.
Exclusive Licenses grant you sole rights to the design, while non-exclusive licenses allow me to license the design to others as well.
The License Agreement will detail the terms of the licensing arrangement and fee.
Generally, I retain the copyright to my designs and license them for use unless we specifically agree to a full copyright transfer, which would involve a higher fee.