Illustrators’ fees are not fair
Service of Culture and Publishing of Iran Book News Agency (IBNA), the issue of pricing children’s book illustration in Iran is not just a financial concern; rather, it is part of a larger challenge in the structure of publishing. Meghdad Sadati, an illustrator and member of the association, says in an interview with IBNA: "In Iran, remuneration is usually paid per frame. But in Europe, if an illustrator feels the price is not fair, they can pursue the matter."
Sadati considers the most important weakness in this sector to be the lack of intermediary institutions in many publishing houses, especially the absence of an art director. According to him: "The art director is not only an appraiser, but also has a mitigating role; the illustrator listens to the art director’s advice more than the publisher’s director." The absence of an art director has led to negotiations ending more in disagreement than understanding.
He also points to common legal gaps; one of the most important is not specifying the book’s publication time in the contract. Sadati warns: "Sometimes the illustrator delivers the book, but the publisher doesn’t print it for one or two years. What is the status? Can the illustrator take the book back?" These ambiguities cause many illustrators to lack sufficient trust in the production process.
The fee schedule of the Illustrators Association, while an important reference, is not mandatory. Sadati believes: "The rates are unattainable for many publishers. But we say use it for bargaining at least." According to him, the reality is that many young illustrators still do not even receive half of the recommended rate.
What defines a fair price for children’s book illustration?
There is a term in illustration called "fair price," meaning an amount equal to the artistic value, time spent (usually two to three months for a book), and the type of image use such as the book itself. Compatibility with market custom and inflation percentage are also components defining "fair price" in children’s book illustration. In addition, the experience of illustrators, including young, well-known, and veteran illustrators, is considered in fair pricing discussions. All these components are like puzzle pieces, completing each other.
An interesting point is that usually in Iran, the fee for each illustration frame is paid by the publisher. The second method, which is calculated more often for authors, is paying the illustration fee based on a percentage of sales considering the cover price. This method of calculation and payment concludes with signing the contract between the publisher and illustrator. But in Europe, legal follow-up is different; in other words, if after publication, the illustrator feels the fee was not fair, it is possible to pursue the matter with the help of the association and publishing organizations, and even court, to establish the illustrator’s right.
If the contract between the publisher and illustrator is signed through direct negotiation, it seems likely to cause challenges between the two parties, especially in assessing the artistic value of the work, particularly if the publisher lacks significant knowledge and understanding of this factor. What solutions exist to prevent the issue from becoming complicated?
This challenge arises in most professional interactions between illustrator and publisher, meaning the illustrator feels, "Does the publisher as employer have the competence to assess value?" In this situation, the role of the "art director" emerges. The art director must know illustration and graphics, be experienced in the field, and be approved by both illustrator and publisher. In the Illustrators Association, we require publishers to have an art director present in their publishing mechanism. The art director plays a significant role in determining the value and level of the illustration.
The fundamental point is that the correct process for using an illustrator involves the publisher consulting with the art director to choose the right illustrator for the book’s subject matter and content. In other words, if the book’s content is classical literature, folklore, poetry, or a comic, the art director, with broad and deep insight, selects the appropriate illustrator.
We’ve talked about what should be, but what are the realities of children’s book illustration pricing?
Unfortunately, some publishers do not recognize the existence and professional position of an "art director" in their publishing organization; therefore, the publisher themselves makes decisions about illustration.
Perhaps from the publishers’ perspective, the "art director" acts more as an intervener or someone less concerned with the economic situation of publishing, a position similar to editing, isn’t that right?
Yes; but I think editing is more established, and the situation of editors is better than illustrators, and fewer books are published without an editor. However, you might see a book published without an art director at all. We must not forget that the art director, besides evaluation, also has a mitigating role; therefore, from an artistic perspective, the illustrator "listens to the art director more" than the publishing director, and believes that implementing the art director’s views will improve the illustrations.
What legal gaps exist in common contracts that affect illustration pricing?
There are two issues. First, the fee schedule of the Illustrators Association, which is updated annually based on inflation and illustration innovations, including the entry of artificial intelligence into the world of image creation. The most detailed roles, including cover, book illustrations, and even small images, are covered and priced in the schedule. Regarding these rates, there are two perspectives: some consider the rates unattainable, for example, saying no publisher is willing to pay 5 million Tomans per frame.
But the association emphasizes that the rates are leverage that illustrators can use to negotiate, and they can at least receive half of the rate; whereas many illustrators, especially young illustrators, do not receive even this amount. In addition to the fee schedule, the Illustrators Association provides a template contract; therefore, the template contract emphasizes the possibility for illustrators to consult with the association. The two main functions of getting familiar with the association’s template contract are reviewing the proposed contract terms from the publisher and second, familiarizing the illustrator with essential contract terms.
Please elaborate on the essential clauses and terms in illustrators’ contracts that highlight legal gaps.
We know there are two rights for the creator – in this case, the illustrator: material rights and moral rights. Usually, both rights are included in contracts. The illustrator’s material rights mean that the illustration fee and print royalties must be paid to the illustrator. Moral rights are also non-transferable. In Iran, some rights of the creator, including the illustrator, are not considered; for example, in Germany, "secondary rights of the illustrator" exist in publishing contracts. The implementation of this right is pursued by the "Collection Society for Visual Arts" institution; in other words, if book images are later used for making a feature film, animation, t-shirt production, or other products, the illustrator’s rights are protected.
The importance of paying attention to the illustrator’s rights and this institution in Iran is due to the use of children’s book illustrations as a source of adaptation for various visual products, including films and animations; for example, adapting Roald Dahl’s books to create films like "Matilda" or "Charlie and the Chocolate Factory." Although these films were produced based on the text, since Quentin Blake, the illustrator, was part of the book’s visual identity, he profits from the film screenings. Whereas in Iran, we don’t see many cinematic adaptations from books, children’s theater is produced, but the author gains no benefit from adaptations in playwriting, let alone the illustrator.
One of the serious gaps relates to timing for book publication by publishers; while contracts have a binding clause about the date illustrations are provided, a time is not specified for book publication. In other words, if the publisher does not print the book for one or two years, what is the status? Meaning, they do not set a timeframe for themselves. In such conditions, can the illustrator retrieve the book? And can this illustrator collaborate with another publisher? Even if the illustrator overlooks not being paid a "fair price" and low-quality printing, one of the grievances is long delays, sometimes even several years, in publishing the book.
In summary, sometimes one or sometimes several gaps are observed in contract drafting, which is why the Iranian Illustrators Association has tried to address the smallest details in providing the fee schedule.
Please tell us more about the "illustrator’s secondary rights" institution in Germany.
It has 70,000 members, including visual artists, photographers, film directors, meaning people who work with images. This institution’s legal follow-up even covers printing from books in schools and museums; therefore, to protect the illustrator’s rights, they track the device where the copy occurred. The collected amounts are gathered by this institution and spent on various costs for member artists. Such strong policies on copyright, besides providing hope, create conditions for continued work throughout the artist’s life.
Can we hope to have an official and binding fee schedule for illustration in Iran that serves as a reference for publishers to sign contracts?
I don’t think we can be very hopeful. Although some publishers translate and publish books by adhering to copyright, many other publishers copy, translate, and market foreign books by ordering and buying single copies; furthermore, some publishers copy and offer another version from this very copy; meaning, a disastrous situation exists.
Does the Iranian book market economy tolerate a binding fee schedule?
This is a thought-provoking point that I believe publishers have better answers for; nevertheless, I think the state of the book market, which indirectly affects illustrators’ work, is the audience’s inclination to buy translated books; as a result, the profit from translated book sales (probably without copyright adherence and eliminating illustration costs) will lead to it becoming standard practice for producing books. Furthermore, publishers are unwilling to bear paying 2 to 3 million Tomans per illustration frame to the illustrator or hiring an art director; therefore, the book market situation (publishers’ preference for translated books) indirectly influences the setting of rates, pricing, and payment of fair fees to illustrators.
Therefore, publishers are not very inclined to have an official binding fee schedule.
When a publisher knows that publishing more translated books "works" and yields results, why should they change the situation?! Nevertheless, we should not forget the few publishers in the industry who consider fair payment. These publishers have created international or copyright departments.
For years we have heard about international successes of Iranian illustrators. How effective are these successes in shaping a mechanism for fair pricing of children’s book illustration? In other words, have these successes led to the financial value and status of illustrators being recognized?
I dare say Iran is a standard-bearer in illustration in the region, and many neighboring countries dream of reaching international platforms. Successes also raise illustrators’ expectations, and they might not be willing to collaborate with Iranian publishers and prefer to work with foreign publishers. Therefore, these successes have not been ineffective in payments, but they have not led to changes in attitudes; in other words, one cannot speak definitively about the impact of Iranian illustrators’ foreign successes on "fair price" payments.
I think that publishers who are up-to-date and aware of the illustration landscape in Iran and globally pay attention to "fair price" adherence; therefore, there is a big difference between a publisher informed about current global conditions and a publisher sitting in their office. From another angle, even if the publishing mechanism is old, having an up-to-date art director makes it transformative. The new generation of Iranian illustrators, despite their young age, have created a change in style in Iranian illustration.
