How do I protect my copyrights for my children’s book using a freelance illustrator?

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How do I protect my copyrights for my children’s book using a freelance illustrator?

Will be self-publishing a children’s book series. Can’t afford to hire an

official illustrator, so I want to use a freelance or art student. If the books do well, how do I protect my ownership of the characters images? Do they get a

portion of all book sales going forward? Do they own the rights to the characters because they drew them?

Asked on November 3, 2018 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Have they sign an agreement which states both that any illustrations they do for the book or project in question is a "work made for hire" and so the rights belong to you; and as a back-up, that "should any of the Work be deemed to not be work made for hire, the ilustrator hereby assigns any and all rights to [INSERT YOUR OR YOUR BUSINESS'S NAME] and will execute any forms required for such assignment." Basically, have them contractually agree that the rights are yours.


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