How do you deal with artwork legalities in the music industry?

Question

I have just been asked to illustrate the cover of a bands new album. I'm thrilled, but also wondering if I need to specify some things up front. They have indicated that they probably wont be able to pay me, which I'm fine with- I'm very new with a limited portfolio, so for me this is a win-win situation even without direct monetary rewards. But I'm thinking long term. If, on the off chance, their album becomes this decades equivalent to.. say, pink floyds the wall, how to I keep some rights? And also, if they intend on using the graphic on t-shirts. Which I suppose would be a probability. Any advice or links to resources would be HUGELY appreciated.

Answer 1

Just copyright it.

Answer 2

Draw up a contract, even if no money is to be exchanged at this point.  Make sure that, in the contract, you specify that YOU will retain all copyrights to the artwork.

Also specify, exactly what uses this illustration is limited to.  Note things like "first printing" of the album cover, and a specific number of shirts, or, at least, a time limit on how long those shirts can be sold using the same artwork.

This contract, then, limits the band's use of your image.  If they want to continue the use of your artwork to anything beyond what is specified, they have to come back to you to renegotiate a NEW contract, where you may be able to get paid for the continued use.

The contract does not have to be done in complex "legalese," but must be carefully considered.  Make sure everyone understands the terms and that each party gets a copy of the signed and DATED document.