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Buyer wants to push back paying for commercial use


kouchanartz
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I am a digital artist and I offer to draw people's characters in my style. So I have a potential client, we've discussed how they would want the character to be drawn and that it's going to be an illustration for their book

I offer commercial use in my gig extras, but they asked if it is possible to pay for commercial use at a later date as the book is in the works and probably won't be published until some time. 

 

How would I go about responding to them? 

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Hi kouchanartz 👋

There could be two main outcomes:

1 - The customer doesn't want to pay for commercial use and therefore wants to publish the book in a while, hoping you forgot about him/her and his/her order. In that case you shoul stalk them (easier said than done) and eventually involve lawyer, courthouse and the like... quite a mess and a hassle.

2 - The customer really needs to wait and will come back to ask for commercial use in case they publish the book, but you have no assurance they will.

In any case you should try and convice them to pay the commercial use upfront, but it really depends if the price they are going to pay is worth the squeeze. If this is really a difficult customer as it seems and the commercial use is something like 5$ (I am saying a totally random number) maybe it is better to leave them be and worry about something more important.

In the end it is really up to you if you want to ask them commercial use payment upfront and risk them to leave or turn a blind eye hoping they are honest and will come back in case of publishing, and in your shoes I will choose according to the amount of money at stake.

I hope I have been helpful and, in any case, good luck! 🍀

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I'm a voice-over talent, and we deal with commercial rights, too. 

I often explain to them that, sure, they can order that later on. But they need to keep in mind that I do follow up on any and all illegal usage, and will take legal action, up to and including lawsuits when appropriate. 

In 90% of cases, they will just order the rights then and there. In the few cases where they actually have a legitimate reason to wait, they will be happy with this and since they don't plan on using it illegally in the first place, they have nothing to worry about. 

The thing I realized the other day when discussing this with someone else, is that the moment the purchase your work for a project that is business related, it's already being used commercially. When it will be released has nothing to do with you. They are ordering this to use it commercially, and so they should order the rights now. Not later. 

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