Needing a 2nd opinion...

[crisis-the-hat.livejournal.com]

UPDATE 2:

After asking more questions- I've come to terms the idea that I would not be receiving compensation for any of the merchandise to be made.

While they were willing to pay for the picture itself, the price range they were looking for ($10-$15) from my understanding wouldn't be nearly enough compensation for anything in regards to using the image multimedia and merchandising.

Am I wrong to think this?

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UPDATE:

Upon reply, their intention is to use the mascot would include a magazine project, cups, t-shirts and other forms of merchandise.

Should I agree to the project, would I look for a flat sum, or would it be worth the trouble (and if they would be willing to negotiate) some form of a contract? (Please note I'm still educating myself on the Turkish AND US Copyright laws before agreeing to anything.)

And if you propose I negotiate a contract, how would you go about it?

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(Original Post)

I was approached through a user on Deviantart (via note) that they were interested in me designing a mascot for their anime website (linked below):
animeways.com

Now... I can't read or comprehend any form of Turkish (or what the national language would be). But if anyone could clarify that, that would be awesome.

There are a couple things that I'm a bit...cautious about. Based on their DA page, they had joined recently (the status said "Joined Today!"). Second thing, English is not so good (the location claim is Turkey), but well enough to where I can understand. I'm not trying to be prejudiced in anyway, but it has been a rarity for me thus far for anyone from a non-English speaking country to be interested in anything I have done, let alone contact me about it (but hey, there's a first time for everything).

However, from the first note, they had asked how much it would be. I haven't asked their price range just yet- however I'm still asking questions as far as what they are looking for and the use of the mascot (as far as if it would be representing just on the website, or on possible other mediums for one reason or another).

What is your opinion on this? What other kinds of questions should I be asking in general?

...and anybody else that's been in this pickle.

Thanks in advance!

 

Comments

[bladespark.livejournal.com]

Edited because I completely mis-read what you said. 'Fraid I don't actually have any useful advice for you, sorry.

[crisis-the-hat.livejournal.com]

No worries~ =D It happens.

[lilenth.livejournal.com]

The fact that it's in Turkey is enough to set off alarm bells for me. Turkey is apparently rather lax in it's enforcement of the Berne convention, offhand back in 2005 there was a number of high profile commercial thefts of images by people based in Turkey, including one case in which an image stolen off of dA was used as a book cover and the artist never agreed to it nor saw a penny of the royalties because suing the person was simply not viable.

They could be legit but equally well they could pay you for only certain rights but still use it far more than agreed and you wouldn't be able to do anything about it because suing across international boundaries is beyond the remit of most people.

If you decide to proceed, be cautious.

[crisis-the-hat.livejournal.com]

Yeah- I'm not quite so gung-ho about it. So far though their context and ability to answer my questions is a bit on the sea-saw... they're polite, but very blunt. While politeness doesn't count for anything, they haven't done anything to be rude or discourteous about it.

...again that doesn't say much.

I'm making sure I ask as many questions as I can before making a final decision.

Your insight's very helpful! ...That and I'm making sure I'm aware of what copyrights there are between both countries and what may fall in those loopholes.

[lilenth.livejournal.com]

Technically I believe Turkey is a signee to the Berne Convention, the only difference is that they'll probably have a form of fair dealing rather than fair use exception that the US has.

As I said though, their enforcement is known to be lax unfortunately.

[uozlulu.livejournal.com]

It sounds like it could be 50/50 but I'd still be cautious. I suggest finding out the copywrite laws in Turkey before really making your decision.

[dreamerdragoon.livejournal.com]

$10-$15 for image + merchandising rights is ridiculously low D: Surely that barely covers drawing the image in the first place.

[crisis-the-hat.livejournal.com]

Yeah after watching A_B for a while- I figured as much... I gotta look up on merchandising rights to see how I would charge for that (never been approached for anything in regards of merchandising before- might help to learn on that if there's every a next time like for a logo or something).

[kayla-la.livejournal.com]

Run away. Run far away and never look back. They're looking to rip you and it's pretty obvious now.

[crisis-the-hat.livejournal.com]

Yup- I already declined.

[zoharskarth.livejournal.com]

They want a marketing image for 10-15? HELL NO.
This is a complete scam.

The Turkey thing sets off huge alarms along with the newness and assinine price.

That image will represent the company and make it a brand. They are not just buying a picture, they are purchasingy to the artworkto reuse, reprint, sell, remarket, and edit. The rights to the art cost far more than the art itself. You have to look at it in a business perspective. A mascot/logo art would be a point in direct sales (merchandise) and indirect sales (advertisement and brand name recognition). Somthing like this should legitimately be priced at $20-$60/an hour plus a percetnage of maybe 1% of sales. However I doubt they'll be honest with you on sales so go for a flat rate of a $300-$600.

My advice is to just turn them down. This could get messy fast and legal action will be impossible to defend your rights.

[crisis-the-hat.livejournal.com]

Yup- I've already turned them down.

I saw your reply below about the book, that sounds like something good to have when I get the money to.

And that's probably some of the best insight I've seen so far in regards of how to price that for reference. That's helped out a lot and thanks for that!

[zoharskarth.livejournal.com]

Also, a copy of "Graphic Artists Guild Handbook: Pricing & Ethical Guidelines" is a good thing to have on hand as a reference for new art-business persuits.