Whether to charge for book cover illustration?

Copyright is the right to make copies - It automatically resides with the author of the work* - so in your case your wife automatically has copyright to every images she creates**. You don't have to do anything to assert that right - you just have it.

You can grant the right to make copies to someone else - such as to publish it. You can also make that a limited thing. You grant someone the licence to make x number of copies of your image.

So in the case you're talking about - some is self publishing a book they probably dont have sizeable upfront resources. They also might sell 10 copies, they might sell 10 million copies (I'd wage by that point they'll no longer be self publishing). What you can do is grant copyright for a modest number of copies - the author might be printing say 100 copies to begin with. Some folk effectively print books to order if they are small enough, a kids book might be.

So agree a deal (in writing), maybe for a modest sum of money, maybe even be to use the image for free but limit it x number of copies, if it turns out the book sells in modest number thats fine, if it exceeds that limit then you simply discuss it again. If its taking off, the writer will have a bit of money to reinvest but can also expect a larger return so agree something more lucrative for a larger print in the thousands and so on.

* unless its work you create under a contract of employment - if your employed to make pictures or write stories or whatever the copyright belongs to the employer

** if her images are derived from other people's work - ie other people's photography the rights issues get a bit more murky

Would it be sensible to ask for a small profit share instead of any sales rather than a lump sum? Essentially the book will reproducing your wife's work so she's owed something for each copy, right?

Therefore the sum she gets is proportionate to the success of the book and she can simply be removed from that arrangement if later editions use different cover art...

Alternatively what's the arrangement for a card illustration? A single lump for the rights to the image or based on qty sold? Could something equivalent not simply be applied to cover art?

I would charge - I do the occasional piece of graphic design or illustration. How much does your Mrs charge for a similar piece of original artwork?

In terms of the copyright, your wife owns it for the cover image but can assign it to others e.g. the book publisher, but there will probably be a copyright statement inside the book - see what it says inside other books for example, an acknowledgement and a link to her website.

So agree a deal (in writing), maybe for a modest sum of money, maybe even be to use the image for free but limit it x number of copies, if it turns out the book sells in modest number thats fine, if it exceeds that limit then you simply discuss it again. If its taking off, the writer will have a bit of money to reinvest but can also expect a larger return so agree something more lucrative for a larger print in the thousands and so on.

That makes good sense.  Her instinct is not to charge for a small print run, but if the book did sell really well, it would be good to perhaps get a small fee for the use of her work.

Alternatively what’s the arrangement for a card illustration? A single lump for the rights to the image or based on qty sold? Could something equivalent not simply be applied to cover art?

In Sue's case she has the cards printed herself so retains all the rights.  She sells cards to retailers and wholesalers and they add their mark up but she has never (yet) allowed anyone else to print her work.

Alternatively what’s the arrangement for a card illustration? A single lump for the rights to the image or based on qty sold?

Either

Could something equivalent not simply be applied to cover art?

Not to mirror the sums for a card illustration - for a card the only reason someone buys it for the image on it. For a book the picture on the front is fairly incidental to the sale, its simply a fitting image that gives some indication of the contents. You wouldn't seek to get the same per unit payment for a book cover as you would for a card, but you would want a deal that reflects the fact that a book can potentially sell in much larger quantities.

I would charge – I do the occasional piece of graphic design or illustration. How much does your Mrs charge for a similar piece of original artwork?

She charges around £350 for framed originals.  Signed prints sell for £10 to £75 depending on size and whether they are mounted and/or framed.  We think this project is being done on a small budget so charging the cost of an original seems a little OTT tbh.

If the book is going to be on sale, then people will be paying for her cover… so she should be paid… otherwise someone else is being paid for her work.

Would it be sensible to ask for a small profit share instead of any sales rather than a lump sum? Essentially the book will reproducing your wife’s work so she’s owed something for each copy, right?

's what I was thinking. Arguably, the cover sells the book rather than the other way around, it's primary advertising.

At the absolute bare minimum I'd want a link back to her work. Might drum up some direct business.

We think this project is being done on a small budget so charging the cost of an original seems a little OTT tbh.

If the book is going to be on sale, then people will be paying for her cover

Really useful feedback, thanks all!

One other thing is to make sure the author of the book is happy with your wife owning the copyright of the artwork.

There could be a (very slim) scenario where the book really takes off and the cover art becomes commonly known. Nothing to stop your wife, as owner of the copyright, producing notepads, mugs, t-shirts with that image on and selling them, off the back of the popularity of the book.

Highly unlikely and if you go for the option of a limited allowance of 100 issues you can revisit at a later date.

Edit: This kind of scenario https://www.theguardian.com/business/2022/sep/25/fifty-years-and-500m-dollars-the-happy-business-of-the-smiley-symbol

As above I think credits for the illustration printed in the book, and a percentage on sales/profit is the way to go.. what a fair percentage is though, is another problem! 1%, 5%?, more? no idea.

My instict is £350is way to much for what sounds like vanity publishing that is unlikely to sell many copies.    A % is far too complex for such a small transaction.  How about staged payment ie £50 for the first 250 and £25 per 250 sales after that ( or what ever makes sense)

Thanks @jeffl, but as you say - probably an unlikely scenario!

if you go for the option of a limited allowance of 100 issues you can revisit at a later date.

This is probably what she will do.  Full credit given and a link to my wife's website and an allowance of 100 copies initially with agreement reviewed if sales exceed that.

A mate of mine is a poet* and he’s used my illustrations for his book covers. He’s just paid me a nominal fee of a couple of hundred quid for each one so there’s no fannying around with working out royalties etc.

I retain all copyrights on any image used, I’m clearly credited and he gets a nice cover on his books. suits us both.

* I’ve posted some of his poems on here from time to time. He’s really good

My instict is £350is way to much for what sounds like vanity publishing that is unlikely to sell many copies.

Agreed. She will likely do something very similar to what you suggest, but probably allow the first 100 FOC and only start staged payments after that. If indeed it gets that far. For the likely small print run, a bit of free local publicity is probably all she expects.

This is probably what she will do. Full credit given and a link to my wife’s website and an allowance of 100 copies initially with agreement reviewed if sales exceed that.

Sounds perfectly fair to me.

I’m a photographer and have learnt over the years that you should never give work away for free - always charge something even if it’s a nominal amount.

My instict is £350is way to much for what sounds like vanity publishing that is unlikely to sell many copies. A % is far too complex for such a small transaction. How about staged payment ie £50 for the first 250 and £25 per 250 sales after that ( or what ever makes sense)

That seems logical and avoids the situation of your wife being owed a few pence at a time if the book isn't a big seller a smaller lump per x100 (printed or sold? is that an important distinction?) Will equate to a "profit share" ultimately and can be set up so the up front cost isn't huge for the author.

I’m a photographer and have learnt over the years that you should never give work away for free – always charge something even if it’s a nominal amount.

This. I'd do what you're doing but charge £1 for the first run, then there's a precedent of being paid for the use of her work.

My daughter is a book designer. She was given the first Robert Galbraith book to do before it was found to be JK Rowling. The cover was a composite of her own work and a bunch of library images. When the second one came out, the MD handed her a fancy camera and asked her to make sure all the work was her own - because the global sales had gone through the roof, the licensing costs were huge.
Which is why the picture of Strike on the cover of The Silkworm is her old dad wearing her brother's overcoat.

Strike on the cover of The Silkworm is her old dad wearing her brother’s overcoat.

That's a great story to be able to tell! You must be a proud dad! 👍

Have you auctioned the overcoat to Strike fans yet? 😀

For any contract to be valid, there must be a "consideration', i.e. a payment, even if it's only pennies.

When the second one came out, the MD handed her a fancy camera and asked her to make sure all the work was her own – because the global sales had gone through the roof, the licensing costs were huge.

this was my point about whether the illustrations are wholly original work or derived from other people's photography. Fine in limited enough numbers (craft stall scales of production) but problematic if things scale up. I've been given cautionary tales of graphic designers  for film / tv making original work but deriving it from various bits of photography they've found online and the production being hit with licensing costs close to £1m.

Its worth thinking how important any image you use is to your practice - publishing more widely can be a useful promotional tool to the artist but it can extinguish sales of that particular image. I used to go out with a printmaker and a gallery promoting her work used on of her best selling images on an invite card to an exhibition they were hosting - the exhibition was popular but it killed sales of that image stone dead.

@bigjohn that is brilliant. Haha.

I've nothing to add to the great suggestions above, but I would say that she definitely needs to receive some sort of payment - especially as the author is an acquaintance rater than a close friend.

The cover on a children's book is probably the most important key to sales - so she needs paying for that.
It would be interesting to know how much the author would make from the sale of each copy.

@maccruiskeen useful info, thanks.  Sue does sometimes base her work on photography produced by others.  She always asks and credits the photographer and makes sure she has permission to use the resulting artwork on prints, cards etc.  Sometimes she has paid for this, sometimes the (mostly ameteur) photographers are just chuffed to see art based on their image and don't charge.

The piece in question is not based on anyone else's photography which simplifies things a little.

For a book the picture on the front is fairly incidental to the sale

Disagree, unless the author is well known and people are specifically looking to buy that book, the cover is everything. A wall of books in a bookshop or scrolling through lists of books on Amazon...it's the cover that needs to catch your eye so you pick it out from all the others.

It's the same with alcohol in the supermarket. My mother-in-law mentions/notices that Prosecco in the cut glass style bottle every time she is in the shop, because it stands out. There is also another brand (vodka?) that has the label facing in to the bottle from the back so when you walk past the image appears to move/distort. Who cares if the Prosecco/Vodka/Story inside is any good...all it's got to do is get noticed and it will start selling!

Sue does sometimes base her work on photography produced by others.  She always asks and credits the photographer and makes sure she has permission to use the resulting artwork on prints, cards etc.  Sometimes she has paid for this, sometimes the (mostly ameteur) photographers are just chuffed to see art based on their image and don’t charge.

Good - sounds like she's got her head screwed on! Sometimes people seem wilfully ignorant of other peoples interlectual property even when thats exactly how they make their own living!

Disagree, unless the author is well known and people are specifically looking to buy that book, the cover is everything. A wall of books in a bookshop or scrolling through lists of books on Amazon…it’s the cover that needs to catch your eye so you pick it out from all the others.

It’s the same with alcohol in the supermarket. My mother-in-law mentions/notices that Prosecco in the cut glass style bottle every time she is in the shop, because it stands out. There is also another brand (vodka?) that has the label facing in to the bottle from the back so when you walk past the image appears to move/distort. Who cares if the Prosecco/Vodka/Story inside is any good…all it’s got to do is get noticed and it will start selling!

I'm not going suggest its not important - its more about the proportion of the sale you attribute (and therefore what is a fair fee). Yes an attractive package for a bottle of booze is important... do you think the bottle designer gets royalties?  Would people just buy the empty bottle? Would they buy it even if they don't like booze? I know someone who makes bottles and they sell for a lot more empty than most people would be prepared for a full one 🙂

Some bloke once wrote a poem for the end of his mate's indie computer game for a nominal fee.

That game turned out to be minecraft and later sold for £3.5 Billion dollars.

They are no longer mates.

Get a fee + very small % of royalties?

https://theeggandtherock.substack.com/p/i-wrote-a-story-for-a-friend

Bugger - couldn't post the image.

Upload it to a free image hosting site and link directly from there. I use imgbb.com.

Some bloke once wrote a poem for the end of his mate’s indie computer game for a nominal fee.

That game turned out to be minecraft and later sold for £3.5 Billion dollars.

That guy is messed up.
He knew it was Minecraft before doing anything, he agreed to a price and took the money. He seems to think that he should be treated at least the same as the company employees when he 'just' wrote a poem for the end of the game (how many people actually see that?

It's all a bit pathetic but he brought it upon himself.
"My first marriage collapsed around then. Most of the fault there is mine (I am a deeply flawed guy)"
Yup

It’s all a bit pathetic but he brought it upon himself.