by Rose Spotts

Created on: June 19, 2008

Before explaining art licensing, we should start with a working definition of licensing. This one comes from www.artknowledgenews.com and basically states that "Licensing is the process of leasing a legally protected (that is, trademarked or copyrighted) entity known as property which could be a name, likeness, logo, graphic, painting, saying, signature, character or a combination of several of these elements, in conjunction with a product or a product line." If we apply this to art in general, not just painting, we understand that what art licensing does is allow a piece of artwork to be used in other ways by other people, companies or businesses.

Art licensing is an industry. It brings together the artists who make the designs, art and images with the manufacturers and companies who want to use that image or art for products they intend to sell. It is another way for an artist to make some revenue from their artwork, aside from the act of selling the artwork itself. When an artist signs an art licensing agreement, they are giving the manufacturer freedom to create certain products with their art and this can become a very touchy area. The artist needs to be sure that their agreement is specific to the artwork they are licensing, that is clearly states their copyright or trademark terms on the artwork, that is specifies the types of products they are agreeing to have their artwork used for, and the precise dates of the term of the licensing agreement. It is important, as well, for the artist to make clear that they can cancel the agreement should the manufacturer ever attempt to override the agreement. Not paying particular attention in these areas can result in loss of money and sometimes even a loss of copyright on the art.

Because of the complicated nature of an art licensing agreement (or any legal agreement for that matter), an artist may seek the help of an art licensing agent or agency. The agent handles the legal side of the agreement and helps to make sure the agreement works in the artist's best interest. Not all agents and agencies are reputable so it is important for an artist to find someone who belongs to a trade group such as the International Licensing and Manufacturing Association, who will uphold certain ethical standards in handling an art licensing agreement.

Art licensing does not just include fine art. We see art licensing everywhere in the public forum. From replicas, jewelry, posters, t-shirts, giftware, and even action figures and toys, art licensing is everywhere. A really good example of art licensing would be when a fast food chain, such as McDonald's does a promotion for a film. The games and toys they include in the Happy Meal that involve characters and images from the film they are promoting, all had to be licensed out by the company that created the characters in order to be used by the restaurant. It is easy to see how common art licensing is when we look around. With so many products coming out everyday it is also easy to see just how complicated art licensing can be. An art licensing agreement is not something an artist should go into quickly and blindly, but something to be taken seriously in order to be sure that artist maintains their full ownership and copyright on their artwork and it does not end up in the wrong hands.

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