Papercat Design

INFOS

Generally, a personal illustration, for example as a gift for a wedding or birth, is always possible. You dont need to consider any rights of use, as long as you do not intend to use the illustration commercially. Just tell me what you like and what you have in mind. You can send the filled form back to me or write me a small message. Do not be afraid. Questions are also always welcome.

If you commission an illustration, a work of mine will be created. In order for you to be able to use it, it is imperative that I grant you rights of use, as the Urheberrecht (similar, but not conterminous to copyright) of the created work always remains the property of the author (me). That is written in the Copyright Act.

The total fee is composed of the work fee and the usage right fee, which are directly linked by the usage right factors.

Since an illustration or design is reproducible and can be used in different ways, it creates added value for the client. In order to protect the author and to ensure that he is also paid appropriately for the creation of such added value, the legislator has introduced the Urheberrecht (Copyright Act). Copyright Act. In this, the rights of use are listed as a possibility for such an appropriate payment. The author is therefore entitled to participate, if you like, in the success of his works.

The fee for the right of use I have stated covers this to the best of my knowledge and belief.

What is the calculation of the price based on and why is there no price list?

The price of my services is based on the Honorarwerk (royalty overview) of the Illustratoren Organisation e.V., the AGD collective agreement on remuneration for design (AGD/SDSt) and my personal time estimate for your project. It is therefore only possible to give concrete figures once we have defined the project together. For this purpose you are welcome to download the briefing form as a PDF file, fill it in and send it to me again. Or you can use my Illustration calculator for a rough overview of the expected costs.

Please note: The illustration calculator only gives a very rough estimate of the costs. The actual costs are most likely to vary, especially with full-color full-sized pictures. A deviation downwards is just as possible as upwards. This can only be determined after a more detailed briefing. Therefore it does not replace a concrete offer and is consequently not mandatory.

How is the price in my offer / cost estimate / invoice calculated?

I try to be as specific and transparent as possible with my offers, cost estimates and also with my illustration calculator. I believe: Transparency creates trust. The total fee results from the pure illustration or design service - the "illustration fee" - and the costs for the usage rights.

Usually, I divide my illustration work into at least two phases: The development phase and the work phase, in which the illustration is then completed. If more intermediate steps are agreed, more phases and therefore more items appear on the invoice.

What are the advantages of a precise listing of the phases and not just listing the total illustration fee?

An invoice therefore always contains at least three items. If a project does not work as you imagined, for example, because your company wants to go in a different direction, you can estimate the costs at any time. This also makes it easy to create interim invoices for you, which you know in advance how much they will cost. This may mean easier financing for you, because not everything comes at once. Depending on the extent of the individual phase, we can also deal with point 5 of the general terms of use and you do not have to go into advance payment as long as the one phase does not exceed four weeks.

What financing options are available?

Depending on the project, it may be more useful to give you an estimate of the costs for the whole project or per illustration.

For example, if you want a book illustrated, it might be better to plan the phases for the whole book and agree on a sales fee.

If, on the other hand, you would like to have illustrations for flashcards, for example, it may be useful to pay a flat fee - for the work + for the right to use - per illustration. This means that you can order illustrations again and again and pay for them in instalments without having to go through the entire process of briefing and brainstorming again. The basic design of the card would only be created and paid for once. Only the exchangeable illustrations and the placement would have to be considered for further cards. In theory, you could order and pay for each card individually.

This approach gives you full control and flexibility. Perhaps a completely different solution is best for you. We will find the perfect solution for you together.

So that you can get an idea of how I work, I have compiled a small, rough and general overview of my way of working for you:

The Briefing

First we find out together what you want at all. To make it easier for us you can download the briefing form directly, fill it out and send it to me or for a first overview answer the questions in the illustration calculator and send me a message. After the questionnaire is filled out, I will probably ask more detailed questions about individual points. With this information I can make my first thoughts and define the time frame and thus the price in a concrete offer or cost estimate.

The contract

After you have received a detailed offer or an equally detailed cost estimate from me, that depends on how we want to work together, accept this proposal and accept with it the terms of use. Alternatively, we can draw up a contract together. However, it is just as legally binding if you simply accept the offer.

The implementation

In order to determine the style and direction as precisely as possible, I make small sample illustrations or sketches, if possible in such a way that they can be used later. We decide on one direction and you get to see the intermediate result after each step. I won't continue without your OK unless you give me complete freedom. Through the close cooperation and the many possible iterations you will hopefully get exactly the illustration you wanted.

The conclusion

After you have paid for the service according to the contract, you can use the illustration as agreed and this project finds its well-deserved beautiful conclusion. I am looking forward to working with you again!

Generally, a distinction is made between the circulation-dependent and circulation-independent transfer of works for use. In the following I only list the factors for circulation-independent rights of use. Rights of use that are dependent on conditions must be negotiated separately and are usually applied to books or merchandise, for example.

The fee for the right of use is always in direct relation to the work fee.

The factory fee includes all illustration and design services. This does not include non-artistic activities that I carry out for you. For example, when I supervise the printing of an illustration for you. The corresponding factors in the table below are added together and then multiplied by the illustration fee. I am mainly guided by the I.O. usage factors.

In this table I have listed, for comparison, the factors applied in the illustration calculator, the I.O. and the AGD. Please note, however, that the usage calculation in particular is often very variable. However, you can expect that I NEVER exceed the factors given here.

PcD I.O. AGD
type of use simple 0,1 0,1 0,2
exclusive 1,0 1,0 1,0
area of use regional 0,1 0,1 0,1
national 0,2 0,2 0,3
3 states wide 0,3 0,3 0,3
continent wide 0,5 0,5 1,0
worldwide 1,0 1,0 2,5
duration of use up to 1 year 0,1 0,1 0,1
up to 3 years - 0,3 -
bis 5 Jahre 0,3 - 0,3
up to 5 years 0,5 0,5 0,5
unlimited 1,0 1,0 1,0
extent of use small 0,1 0,1 0,1
medium 0,2 0,2 0,3
big 0,5 0,5 0,7
very big 1,0 - 1,0
purpose of use 1 print 0,1 0,1 -
up to 3 prints 0,25 0,25 -
up to 4 prints 0,35 0,35 -
5+ prints 0,5 0,5 -
Online 0,5 0,5 -
presentation 0,1 0,1 -
TV 0,15 0,15 -
editing rights 3-10 -
restricted editing right - proportional scaling, mirroring and trimming of the whole illustration incl. - -
Extraction of individual elements 0,2 - -
Delivery of the open file with limited editing rights 0,5 - -
Delete and add items in the open file 0,7 - -
Unrestricted editing right 1,5 - -
flat rate private use incl. - -
internal company presentation 0,2 0,2 -
Buy Out, excl. editing right 4 4 -
Type of use simple If the client acquires only simple rights of use for an illustration, these may, depending on the agreement, be immediately or at the end of their duration of use sold again or used for other purposes.*
exclusive If the exclusive rights of use are granted for an unlimited duration, they cannot be resold. The factor is correspondingly high.*
area of use regional
national
3 states wide
continent wide
worldwide

The factor defines for which area the usage rights apply.*

If you have a regional company and want to include my illustration on your website, it's still regional, even if people from overseas could see it. That's simply because your target group is regional and that's what matters.

duration of use once up to 1 year
up to 5 years
up to 10 years
unlimited
Here you name the duration for which the usage rights are granted. Even for a period of less than one year or for a single use, the minimum factor is 0.1.*
extent of use small
medium
big
very big

This factor is defined by the circulation (of a print work) or the size of the target group.*

As a rule of thumb you can remember: The smaller the area of use, the smaller the target group.

purpose of use 1 print
up to 3 prints
up to 4 prints
5+ prints
online
presentation
TV

Depending on the required extent and number of print media, the use factor is determined. Online refers to the use on the Internet. Presentation includes the rights of use for internal company presentations or at trade fairs. TV means, for example, the use of slides and illustrations in the context of science or consumer programmes.*

This factor can therefore contain various factors. TV does not refer to the use in films that are to be sold on DVD, for example. A sales fee might be agreed individually.

editing rights limited editing right

I always grant the limited right to edit to the non-open files when granting any other right of use. This way you can place the illustration anywhere in your brochure, even in bleed. You can create thumbnails for the Internet and don't have to be afraid that you are not on the safe side.

Without editing rights you may not publish or exploit the transformation of my work.

Extraction of individual elements If you notice that you would like to extract and use individual elements from the illustration, this is a good option. You can do it yourself and don't necessarily need me for it.
Delivery of the open file with limited editing rights This is the cheapest option that contains the open file. The "original" so to speak. The right to release or use individual elements is included.
Delete and add items in the open file You get the open file, if desired. You can retouch and add other elements you are allowed to use, regardless of their origin.
Unrestricted editing right Do it yourself! You can change anything with this option.
Pauschalen Privatnutzung If you only use the illustration personally, for example as a wedding gift, you only have to pay the illustration fee. This use is included - always.
internal company presentation If you only want a one-time internal presentation, save all rights of use! This is the cheapest option after private use.
Buy Out, excl. editing rightst Apart from the editing rights, all rights of use are included in this option to the maximum extent. Please note that the law will "reset" the type of use of the illustration to "simple" after 10 years. However, I do not intend to resell it afterwards.

* Translated explanatory texts from the fee overview "Honorarwerk Illustration" by the I.O. p. 28f.

In short, the legislator wants to protect the author and his interests. For this reason, an author, i.e. the creator of a creative work, e.g. an illustration, must not pass on his Urheberrecht (similar to copyright) and must therefore grant rights of use. He does this even if the rights of use are not specified in the contract. In this case, the law provides that the rights of use are granted to the extent that they are absolutely necessary for the purpose. This can mean one thing for the illustrator and something completely different for the customer.

The law also requires that the creator be paid "appropriately" for his creative work. What is appropriate remains relatively open. What is appropriate is measured by what is "more usual and fair to perform" in this case. For this reason, the Illustratoren Organisation e.V. and the Alliance of German Designers have each compiled an overview which serves as a basis for calculation. I work on this basis.

Our creative activity is our everyday life, but we live mainly from the payment of the rights of use. And you have an active influence on them. So don't be afraid of rights of use!

In order to unterstand the rights of use, one must understand the Urheberrecht (it is the german similar thing to copyright). I tried to translate the german law texts to the best of my abilities.

§ 11 General information The Urheberrecht protects the author in his intellectual and personal relations to the work and in the use of the work. At the same time, it serves to secure an appropriate payment for the use of the work.

The creator of the work (§ 7) shall be deemed to be the author; works protected by the Urheberrecht shall include, but are not limited to "works of fine arts, including works of architecture and applied arts and designs of such works" (§ 2.4). As a rule, this also includes design services and always illustration services. Unfortunately, the Urheberrecht (Copyright Act) is not 100% clear as far as designs or computer scripts are concerned. (Very well, however, whole programs.) Usually designers charge usage rights and programmers rather not. They rather adjust the price directly to the size of the company.

The Urheberrecht is also non-transferable, except to heirs (§ 29.1). So that clients may use the works at all, must therefore be granted rights of use. Even if these are not clearly named, they are regulated:

§ 31 Granting of rights of use (5) If, when granting a right of use, the types of use are not expressly designated individually, the contractual purpose on which both parties are based shall determine which types of use it extends to.

Now this may be one thing for the illustrator, but something completely different for the client. That's why I always differentiate the rights of use. So there are no misunderstandings.

Now that it has been clarified why rights of use are necessary at all, why not simply include all rights of use?

§ 32 Appropriate payment (2) A payment determined in accordance with a common payment rule (§ 36) is appropriate. Moreover, the payment is reasonable if, at the time of signing the contract, it corresponds to the type and scope of the granted use in business transactions, in particular the duration, frequency, extent and time of use, taking into account all circumstances, and is usually and fairly to be paid.

The law wants the creative person to be adequately payed for his or her work. Payment is appropriate if it is in line with market practice. § 36 states:

§ 36 Common payment rules (1) In order to determine the appropriateness of payments according to § 32, associations of authors with associations of clients shall establish common rules for payment.

Such overviews are made available to illustrators and designers in the Honorarwerk der Illustratoren Organisation e.V. and in the Vergütungstarifvertrag Design der AGD.

The fee for the usage rights now serves to ensure that the payment is commensurate with the intended purpose. The creative is thus involved in the success of his work, even if the success turns out to be unexpectedly large:

§ 32a Further participation of the author: (1) If the author has granted another party a right of use on terms which result in the agreed consideration being paid, taking into account of the entire relationship of the author to the other is in a conspicuous disproportion to the proceeds and advantages from the use of the work, the other party is obliged, at the request of the author, to agree to an amendment to the contract which, under the circumstances, would give the author an alternative to the contract. further appropriate participation is granted. It is irrelevant whether the contracting parties have foreseen or could have foreseen the amount of the income or benefits achieved.

But you don't need to worry too much about this paragraph. Its main purpose is to let the author share in an unexpected commercial success, as happened in the case of Harry Potter.

All this essentially "only" serves to ensure that the creator of the work is paid fairly for his or her work. So that we can determine what is "fair", there are these regulations.

In practice, rights of use can be granted in different ways. In principle, a distinction is made between the condition-dependent (licenses and royalties) and the condition-independent (performance-related usage rights) transfer of works for use.

Books or merchandise, for example, fall under a condition-dependent transfer of works for use. The more books that are sold, the higher my share. So I get a small fee from each sale.

The same applies to the provision of works irrespective of the conditions of the order. It is very difficult to determine to what extent my work has helped to increase the value of a company or product. This cannot be "measured" by the number of copies. Therefore, factors are used to see how far my illustration has influence and what added value can be expected for the client. Accordingly, a part of the expected profits or added values will be given to me.

Sources of information:

Haslob, Fabian: Werke zur Nutzung überlassen, in: AGD Vergütungstarifvertrag Design (AGD / SDSt), hg.v. AGD Allianz deutscher Designer e.V. Braunschweig 2015, S. 27-38.

Gesetz über Urheberrecht und verwandte Schutzrechte https://www.gesetze-im-internet.de/urhg/

You can find the general terms and conditions here. The general terms and conditions were created according to the guidelines of the Illustratoren Organisation e.V. and were taken over by me from the I.O.