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8486fe87
Community Member

Large client asking to include usage fees in my day rate????

Hey there. I am working on artwork for a very large, global brand.

I am being asked to create multiple pieces of illustration to be used as the primary campaign artwork
They are asking me for all-inclusive, global usage rights for my artwork, and they want me to include that cost in my day rate.

Normally I charge a fee for artwork creation, and usage fees (in this case, global usage, full buyout of artwork would be a very large fee)

If I include this in my day rate...it will be astronomically high...Am I getting **bleep**ed here?

Any advice on how to proceed? I am thinking of just telling them I am not comfortable working that way, and I charge based on project fees + usage fees in one complete estimate.... **Edited for Community Guidelines**

5 REPLIES 5
petra_r
Community Member


Micheal G wrote:

Hey there. I am working on artwork for a very large, global brand.

I am being asked to create multiple pieces of illustration to be used as the primary campaign artwork
They are asking me for all-inclusive, global usage rights for my artwork, and they want me to include that cost in my day rate.

 


What do you mean "day rate?" -  contract is either hourly or fixed rate.

 

If there is no agreement to the contrary, Upwork's terms state that once a client has paid for something, they own any and all rights, they don't even have to ask for it...

 

You also appear to be posting from a client profile?


Petra R wrote:

Micheal G wrote:

Hey there. I am working on artwork for a very large, global brand.

I am being asked to create multiple pieces of illustration to be used as the primary campaign artwork
They are asking me for all-inclusive, global usage rights for my artwork, and they want me to include that cost in my day rate.

 


What do you mean "day rate?" -  contract is either hourly or fixed rate.

 

If there is no agreement to the contrary, Upwork's terms state that once a client has paid for something, they own any and all rights, they don't even have to ask for it...

 

You also appear to be posting from a client profile?


A large client paying high fees to use something in international campaigns likely wouldn't be willing to rely on that language, since it doesn't entirely align with the legal requirements for work for hire (at least, in the U.S.)

re: "Any advice on how to proceed? I am thinking of just telling them I am not comfortable working that way, and I charge based on project fees + usage fees in one complete estimate..."

 

Fortunately for you, you are not required to work in any particular way. You always have a choice.

 

Upwork's default contract language is extremely clear: Clients who pay freelancers for work own all intellectual property rights to that work.

 

But as long as you make it clear beforehand that you will only work using a superseding contract, you are welcome to do so.

 

The overwhelming majority of Upwork freelancers, including artists, charge clients only using the regular default contract via hourly or fixed-price contracts. So there is no discussion of "usage fees." But Upwork's ToS makes it clear that freelancers and clients may agree to alternative contracts, as long as payment goes through the platform.


Petra R wrote:

 

What do you mean "day rate?" -  contract is either hourly or fixed rate.

 


Day rates are common for higher end creatives - basically we charge a very large fee for blocking off one full day of paying exclusive attention to one client. I don't typically advertise my day rate on upwork since it's rare for me to work with clients that expect this, but an example would be my photographer friend, he works with some really prominent brands and charges a $2000 day rate where he focuses on that client alone and whatever he gets done in an 8-hour work day is what they get (as opposed to his hourly which is $110 / hr but he would work on the project when he has time and balance it in with other clients).

anyways the OP's profile is gone so that's nice lol

researchediting
Community Member

No need to discuss your comfort with them, or parse out how their pricing structure matches or fails to match yours. Tell them how much what they want would cost, shoehorned into Upwork's only options of hourly or fixed-price contracts. If they're willing to pay it, you have a client. If not, not.

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