With utmost respect for the good folks at 16 Toads… for the unimagined amount of time and exhaustive efforts towards the birth, evolution and daily maintenance of the PAL and STOP WORK-FOR-HIRE websites, FWIW, I’d like to weigh in on the WORK-FOR-HIRE topic… as a freelance illustrator who has somehow managed to survive somewhat intact after 25+ years of freelancing [ part-time since 1978/full-time since 1988 ].

Let it be said that I am categorically opposed to WORK-FOR-HIRE, in theory and in definition, across the board…

... that said, in practice… in real world scenarios and situations… in the daily freelance trenches trying desperately to support a family and survive in a brutally competitive creative discipline… in an exponentially more brutal economy, compromises must be made… and here is my best example:

For approx. 10 years, from 1985-1995 give or take I freelanced for Hasbro, illustrating instructional lineart for countless toy lines. They were my first, bonafide GREAT client.  Hell, the Transformers literally built my studio… and put me on the map as a freelancer and were responsible for me finding the courage to finally go full-time [ along with a supportive and understanding wife ]. During those years, I averaged 20k-30k with them… [ god, where have THOSE years gone?!!! ] - so, along with my other freelance clients, life was darn good for the most part. Hasbro helped in great part to support my family of two kids and all that goes along with it …

… the illustrations, in the beginning, were pen & ink on mylar… yes [ yikes ]… and later, were produced on the computer [ EPS/Illustrator ]. Those familiar with, for example, the typical instruction booklet that came with a Transformer toy know the type and style…

… punch line: I didn’t WANT to own the art… I could care LESS if I ever saw it again… I didn’t care at ALL if Hasbro owned the art - I was paid well, LOVED producing the material, LOVED working for them and man, they kept me afloat and alive during some serious economic ups and downs…

… now… had I declined to sign Hasbro’s Work-For-Hire agreement, who knows if I would have ever survived in those early years or become a full-time freelancer at all.

Summary: as with most things in life, compromises are necessary - the line between convictions-in-theory and in convictions-in-practice is often unavoidably blurred.

Thanks for the props Peter.

I absolutely agree with you that compromises need to be made ... I made a similar judgment when I was finally approved as a vendor for the Cartoon Network.  They too required a work-for-hire agreement in order to work for them.  The difference is that I was able to get their approval to display the work 16toads created for them on our web site (if we chose to do so).  Granted, the work is not what I consider “portfolio worthy”, but I would have walked away from the job(s) if they had refused to allow me to display work that my shop created.

I have walked away from many tens of thousands of dollars worth of work over the years due to ridiculously restrictive and, frankly, insulting work-for-hire agreements. And, I am no worse for wear.  I understand that putting food on the table is important, but so too, in my opinion, is standing up for my creative rights.

The uphill battle boils down to creatives allowing this practice to continue by signing documents without understanding the consequences .. and, it’s an issue we all face as independent creative professionals at one point or another.

That said, I don’t personally draw a distinction between convictions “in theory” and convictions “in the real world”.  I call it negotiation.

GREAT points and well said indeed.

The uphill battle boils down to creatives allowing this practice to continue by signing documents without understanding the consequences .. and, it’s an issue we all face as independent creative professionals at one point or another.

B-I-N-G-O.

- Peter