NJ Creatives Network September 2005 Meeting

“Art Licensing 101”

by Eileen Watkins

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“When I tell people I’m a licensing agent, most think I work at the DMV,” joked Lisa Fondo, owner of the Teaneck-based company, Persistence of Vision, Ltd.

Anyone not familiar with the business of art licensing got a thorough education at the September meeting, as Fondo talked about “Art Licensing 101.”

She noted that up to the 1980s, most commercial artists simply worked for a salary; the concept of licensing began with the mass reproduction of works by famous artists on museum posters and greeting cards.

“In 1992, when I went to my first licensing show at the New York Hilton, it took up just one floor,” she said. “Now it’s held annually at the Javits Center, and covers 20,000 square feet.”

Fondo works with a small group of artists and specializes in home décor products, jigsaw puzzles, posters and stationery. She maintained that becoming successful as a licensed artist has less to do with your technical accomplishments than with your persistence and skill at networking.

Much depends on the current trends in home décor and the fashion world, Fondo said. Even world events can play a role. She noted that 9/11 and the Iraq war have boosted the popularity of patriotic and nostalgic art, because Americans are yearning for a better, simpler time.

Fondo considers it a large part of her business to predict trends, and advised, “If you have an agent who’s there to let you know what’s going on, pay attention to what she tells you.” She once told two of her floral artists that hydrangeas would be the next big craze, but they both ignored her advice--“Soon, hydrangeas were everywhere, and they missed out!”

Figuring out what licensees are going to want isn’t always so easy. Fondo admitted, “A client often will say, ‘We don’t know what we’re looking for, just what we’re not looking for.’ If they don’t like something, they’ll usually say, ‘It’s not for our market.’”

Also, tastes in other countries can differ from those in America. Executives from the largest puzzle company in Japan, which hired Fondo to find artists for its puzzles, actually quibbled about the facial expressions of some kittens. The also wanted Native American subjects, but only peaceful scenes.

Fondo explained that if a potential client sees and likes an artist’s work, that’s just the beginning of the process. Next, the image will be put on a product and shown to retailers. “If they don’t like it and buy it, it’s dead,” said Fondo, “especially if the big stores aren’t interested.”

Even after the product with your artwork hits the shelves, you still aren’t a success. If the public doesn’t like it, the client won’t make money and may not give you any more work.

Because of all these potential pitfalls, Fondo stresses that the artist have a strong contract. It should spell out the time period of the licensing agreement and the geographic territory covered. “Exclusive rights” should pertain to only one product or image, not a wide range of the artist’s work.

“Always use your own contract,” she said, “not the one the company sends you--it may be too vague.” She usually tries to get a three-year contract for a client, because she feels an artist needs that much time to develop a following.

Although you don’t need to have a licensing agent, she emphasized, “it really is a full-time job.” She represents clients for a 50-50 split, which she said is about average. Fondo offered tips for the artist going it alone. “Don’t send retailers pictures of subjects they’ve already told you they don’t want,” she said. “And don’t depend entirely on them looking at samples on your web site.” She advised artists to copyright their works by scanning a large group of related images onto a disk and submitting it to the Federated Copyright Trademark Office for one $30 fee.

Fondo noted that for more tips, artists can check out sources such as the trade magazine “License!” and the book “Licensing Art & Design” by Caryn R. Leland.

She admitted that for a product such as a calendar, often planned two years in advance, it can be more than a year before the artist sees any payment. She also explained that the average greeting card company pays about $250 per card and only a five percent royalty--hardly a way to get rich quickly.
On the other hand, she pointed out, licensing has paid off handsomely for some artists, such as Judy Buswell and Thomas Kinkade.

“If you want to be a serious, working artist, you can still have your work in galleries,” she said, “but meanwhile, licensing can help you to pay the bills.”

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