What usage rights should I negotiate in a brand deal?

A broad or unlimited licence is worth more than a narrow one. If a brand wants to use your work across platforms, in advertising, internationally or in perpetuity, the collaboration fee should reflect the full scope of that licensing. Many initial brand offers contain broad, perpetual licensing terms not reflected in the proposed fee.

What Artists Should Know Before Accepting a Brand Collaboration

Q: What should I check before accepting a brand collaboration?

Check the usage rights and licensing terms carefully. A brand collaboration is a commercial agreement covering what you make, who owns it, how it is used, where it appears and for how long. Get a written contract covering scope, fee, deliverables, usage rights, exclusivity provisions and payment schedule before work begins.

Q: How do I negotiate a brand collaboration fee?

Know your number before the conversation. Understand what the project costs to deliver, what your time is worth, and what rights are being requested. Brand budgets for artist collaborations are almost always larger than the initial offer suggests. Nonesuch Works provides brand collaboration fee negotiation support through one-to-one strategy sessions or full project support.

Q: Do I need a contract for a brand collaboration?

Yes. Verbal conversations and email exchanges are not a contract. A letter of agreement or formal contract should set out the scope, fee, deliverables, usage rights, exclusivity provisions and payment schedule in writing before work begins.

Artist-brand collaborations can be significant commercial opportunities. They can also be poorly structured, undervalued and unexpectedly limiting. Knowing what to look for in a brand collaboration agreement before you agree to anything makes a material difference to both the fee and the terms you walk away with.

Understand what you are agreeing to

A brand collaboration is a commercial agreement. The terms of that agreement, what you make, who owns it, how it is used, where it appears, and for how long, should be clear before work begins. This applies whether the collaboration is a product partnership, a content commission, an experiential installation, a brand campaign or a limited-edition release.

Verbal conversations and email exchanges are not a contract. A letter of agreement or formal contract should set out the scope, fee, deliverables, usage rights, exclusivity provisions and payment schedule in writing before work begins.

Know what rights you are licensing

Usage rights and IP licensing are one of the most commonly misunderstood elements of a brand collaboration deal. What the brand can do with your work after the collaboration, where, for how long, and in what format, directly affects the value of what you are providing. Many initial brand offers contain broad, perpetual licensing terms that are not reflected in the proposed fee.

A broad or unlimited licence is worth more than a narrow one. If a brand wants to use your work widely, across platforms, in advertising, internationally, or in perpetuity, the brand collaboration fee should reflect the full scope of that licensing.

Creative control matters as much as the fee

Some brand collaborations offer a strong fee and then involve significant creative compromise. Others are lighter on fee but allow genuine creative freedom. Neither is automatically right or wrong, but you should know which you are entering into before you agree to anything.

Approval processes, revision rounds and sign-off structures all affect how much creative control you retain in practice. These are worth negotiating and documenting before the project begins.

Have a number before the conversation

Going into a brand collaboration fee negotiation without a number in mind is a disadvantage. Know what the project will cost you to deliver, what your time is worth, what rights are being requested, and what you want to walk away with. Then hold to it. Brand budgets for artist collaborations are almost always larger than the initial offer suggests.

Artist Strategy Sessions are available for artists navigating a live brand collaboration before signing, covering fee structure, rights negotiation and deal terms.