Learn How to Use the “Work Confirmation Form”!
- MORI Ryuichiro
- May 17
- 38 min read
Updated: May 24
(“Work Confirmation Form” was created to suit the Japanese illustrator industry. Customs and laws may differ in your country. We recommend adapting it to your country's specific circumstances.)
The “Work Confirmation Form” That Protects You
When you work as an illustrator, you may encounter various kinds of trouble.
For example:
・Your work is reused without permission in media you were never told about.・You forget to ask about the fee, and when the payment is deposited, you are shocked by how low it is.・You never receive your fee, no matter how long you wait.・The client asks you to accept a lower fee than the amount that had been verbally agreed upon.・Because the period of use was not properly decided, the work continues to be used indefinitely. As a result, you cannot take on work from other competing companies.・Before you know it, you have somehow agreed to transfer your copyright.・The client later pressures you to transfer your copyright.
Unfortunately, if you work as an illustrator for many years, experiences like these are not uncommon.
Naturally, you want to avoid such problems whenever possible.
However—
The reality is that freelance illustrators have very few opportunities to learn one of the most important methods for preventing these kinds of problems.
In this lesson, I will explain the “Work Confirmation Form,” which serves as a precautionary safeguard and helps protect you from trouble.
This is a Memorandum Concerning the Details and Conditions of a Job, Exchanged Between the Client and the Illustrator
“Work Confirmation Form”
To describe the “Work Confirmation Form” in one sentence—
It is “a memorandum concerning the details and conditions of a job, exchanged between the client and the illustrator.”
It contains many fields for items such as:
the medium of use,
the number, size, and number of colors of the illustrations,
whether there will or will not be reuse,
the fee,
the payment date,
the delivery deadline,
and so on.
In other words, it covers almost everything that should be confirmed in advance for a typical illustration job.
This Is Both a Purchase Order and a Contract
In fact—
Japan has a law called the Subcontract Act.
Under this law, a main subcontracting enterprise, or client, that commissions work from an illustrator is required to provide a written document, such as a purchase order, stating the details of the commission in advance.
Reference page:https://www.jftc.go.jp/houdou/panfu_files/contentspamph.pdf
However, in the actual field of illustration work, such written documents, including purchase orders, are often not provided.
This “Work Confirmation Form” can also be used as the purchase order required by law.
Because it is a document that the client is originally required to issue, many clients actually welcome it.
In fact, I sometimes receive inquiries from companies and professionals who commission illustration, saying something like:
“We would like to use this regularly when commissioning work from illustrators. May we have permission to use it?”
Of course, in such cases, I reply:
“Please feel free to use it.”
It also serves not only as a purchase order, but as a contract.
Many people seem to think that only a difficult-looking document titled “Contract,” using confusing terms such as “Party A” and “Party B,” can be considered a contract.
However, this is actually a misunderstanding.
No matter where you look in Japanese law, you will not find any provision that specifies the title or format required for a contract.
Reference page:https://www.bunka.go.jp/chosakuken/keiyaku_manual/1_2_2.html
In other words—
Even a document titled “Work Agreement” and formatted like the one described above can be legally valid as a contract.
A Precautionary Safeguard for You as an Illustrator
As I wrote at the beginning—
When you work as an illustrator, unexpected problems can arise.
What would you do in such a situation?
If you are an employee, your company or supervisor may handle the matter properly for you.
But freelance illustrators do not have that kind of protection.
You have to negotiate with large companies on your own and protect your own rights.
Can you do that?
Over many years, I have received consultations from many illustrators.
It is not unusual for illustrators to be crushed by trouble.
Seeing such illustrators has pained me.
I kept thinking:
“Isn’t there something that can be done? How can illustrators avoid getting caught up in these kinds of problems?”
That is how I came up with the “Work Confirmation Form.”
With the “Work Confirmation Form”—
many problems can be prevented.
And even if a problem does occur, it will often help you find a way toward resolution.
For example—
Suppose a problem occurs in which your work is reused without permission.Unfortunately, this does happen from time to time.
The Work Confirmation Form states all forms of reuse that have been permitted.
It also clearly states that any reuse or secondary use not listed on the form will require an additional fee.
As long as you have exchanged this Work Confirmation Form, even if unauthorized reuse occurs, it is clear that an additional reuse fee is required.
It can also prevent the kinds of misunderstandings that often occur between clients and illustrators, such as:
“I told you about that reuse.”
“No, I never heard that.”
If you present this Work Confirmation Form and make your request, I believe many clients will pay the reuse fee.
Or—
There are also many cases where, after the illustration has been delivered, the client later insists, “This job involves copyright transfer,” and pressures the illustrator into transferring copyright after the fact.
In such cases as well, if you present the Work Confirmation Form and negotiate properly, there is a high possibility that you can avoid being forced into such an arrangement.
This is because the Work Confirmation Form clearly states:
“The copyright is owned by the illustrator.”
Once the client has signed this document, they also have a legal obligation to honor its contents.
In other words—
The Work Confirmation Form protects you from many of the problems that commonly arise in illustration work.
It will serve as a precautionary safeguard for you as you continue your career as an illustrator for many years to come.
With This Form, Work Proceeds More Smoothly
I created the Work Confirmation Form more than ten years ago.
Since then, I have mainly recommended its use to members of Illustrators Tsushin.
Many members have been saved because they had exchanged this form, even when they were treated unfairly by malicious clients.
It also prevents many of the problems that tend to arise from mishearing or misunderstanding between clients and illustrators.
It can also prevent mistakes caused by the illustrator’s own carelessness.
For example:
“I accidentally created the illustration with the vertical and horizontal dimensions reversed.”
“I misunderstood the delivery date.”
Mistakes like these can be prevented to a considerable extent if this form has been exchanged.
Many people have thanked me, saying:
“Work now proceeds much more smoothly.”
“It covers everything that needs to be confirmed with the client in advance, so I no longer forget to ask important questions.”
I Recommend That All Illustrators Use It for Every Job
Those of you who are already working as illustrators should start using it immediately.
And those of you who are still aiming to become professionals will be able to use it someday when you receive work.
I recommend that all illustrators use it for every single job.
There is no such thing as a job that does not need a Work Confirmation Form.
It is essential for work with all kinds of clients: companies, publishers, editorial production companies, individuals, and others.
To prevent problems and mistakes, be sure to exchange this form for every job.
I hope that all illustrators will use the Work Confirmation Form, prevent trouble and mistakes, and enjoy a rich and happy life as illustrators.
From here, I will explain what to write in each item of the Work Confirmation Form.
“Signature Fields”
At the top of the Work Confirmation Form, there are fields for the client’s name, company name and department, company address, company telephone number, and email address.
There are also fields for the illustrator’s pen name, legal name, address, telephone number, and email address.
These serve as the signature fields for both parties.
If there is an opportunity to meet in person for a meeting, the ideal method is to fill in all the fields at that time, have both parties sign by hand, and have each party keep one copy.
These days, many jobs proceed entirely by email without meeting in person.
If there is no opportunity to meet directly, use an electronic signature.
For illustrators, Acrobat Sign is probably easy to use.
Acrobat Sign is an electronic signature service available if you have an Adobe CC subscription.
By exchanging PDF files via email, you can create a formal contract.
Reference page about Acrobat Sign:https://www.adobe.com/jp/sign/digital-signatures.html
Legally speaking, a contract can be formed even through a verbal agreement.
However, if the promise was made only verbally, disputes can arise over whether something was or was not said.
Such problems are not uncommon in the illustration industry.
Many illustrators have suffered because of this.
That is why the terms are put into writing and both parties sign, or electronically sign, the document.
A signature, or electronic signature, serves as evidence that both parties agreed to those terms.
And it helps prevent various problems and mistakes.
“Name, Address, phone Number, Email Address, and Contact Person — If Different from above”
Below the signature fields, there is a field for:
“Client name, if different from the ordering party; address, telephone number, email address, and contact person.”
This field is used when the ordering party and the ultimate client are different.
Examples include the following.
Example 1: When the inquiry comes through an illustration agency
The ordering party who contacts the illustrator is the illustration agency, but the ultimate client is another company.
In this case, enter the name, address, telephone number, email address, and contact person of the ultimate client here.
There are exceptions, but in many cases, the fee is paid by the agency.
Example 2: When the inquiry comes from an editorial production company
The ordering party who contacts the illustrator is the editorial production company, but the ultimate client is another company, such as a publisher.
In this case as well, enter the name, address, telephone number, email address, and contact person of the ultimate client here.
There are exceptions, but in many cases, the fee is paid by the editorial production company.
Example 3: When the inquiry comes from an advertising agency
The ordering party who contacts the illustrator is the advertising agency, but the ultimate client is another company.
In this case as well, enter the name, address, telephone number, email address, and contact person of the ultimate client here.
There are exceptions, but in many cases, the fee is paid by the advertising agency.
Example 4: When the inquiry comes from a designer or design office
The ordering party who contacts the illustrator is the designer or design office, but the ultimate client is another company.
In this case as well, enter the name, address, telephone number, email address, and contact person of the ultimate client here.
In this case, the fee may be paid by the designer or design office, but it may also be paid directly by the company.
For book cover illustration work, the payment will usually come from the publisher.
Why should you write down information about the ultimate client?
Because—
if a problem arises between the direct ordering party and the illustrator, knowing the contact information of the ultimate client may provide a clue toward resolving the issue.
For example, consider a problem where the ordering party does not pay.
Suppose a book cover job for Publisher A comes through Editorial Production Company B.
The agreement was that payment would be made by Editorial Production Company B.
However, no matter how long you wait, the payment does not arrive.
Even if you contact Editorial Production Company B, they may ignore you.
Or you may become unable to reach Editorial Production Company B at all.
Unfortunately, this is a problem I hear about from time to time.
Even in such cases, if you contact Publisher A, the ultimate client, directly, they will often take some kind of action.
Many other kinds of trouble are also possible.
To prepare for cases where discussions with the direct ordering party do not go well, you should write down the ultimate client’s name, address, telephone number, email address, and contact person.
“Medium of Use”
Next, I will explain the “Medium of Use” field.
This is where you write what medium the illustration will be used in.
A medium is the means by which the illustration is conveyed to people.
Specifically, this includes things such as books, magazines, catalogs, posters, and websites.
In this field, you decide what medium the illustration for this job will be used in.
Strictly speaking, some items included here may not be media in the exact sense, but they are grouped together here for ease of understanding.
In many cases, most of the fee an illustrator receives is a usage fee for the use of that illustration.
On the internet, some people say things like, “The price of illustration should be calculated by hourly rate,” or “Think of it based on a daily rate.”
That is not correct.
The fee for an illustration should not be calculated based on working hours or labor.
For example—
Even if two illustrations are almost identical in content and take exactly the same amount of time to create, the fee will differ greatly between a magazine spot illustration and a poster.
The poster will definitely be more expensive.
The difference may be one digit, or in some cases even two digits.
If you calculate fees based on hourly or daily rates, you cannot properly explain such differences in fees.
You also lose the basis for charging for secondary use, or reuse, of the illustration.
The price of an illustration is not compensation for the labor of drawing the picture.
It is a usage fee for using that illustration in some medium.
Therefore, when thinking about the fee, the question of “what medium it will be used in” is extremely important.
Also—
If the illustration is used in multiple media, the fee increases according to the number of media.
If one illustration is used in many media, such as a magazine advertisement, poster, website, and TV commercial, the general industry rule is that the more media it is used in, the higher the fee.
Problems in which an illustration is reused without permission in various media are not uncommon.
However, if the medium of use has not been defined, it becomes difficult to charge a usage fee for the unauthorized use.
To avoid such trouble, you should clearly limit the medium of use in this field.
If the illustration will be used in a newspaper advertisement, circle “newspaper advertisement.”
If the job is to create a book cover illustration, circle “book cover.”
If the job is to create an illustration that will be used both as a magazine illustration and in the magazine’s supplement, circle both “magazine illustration” and “magazine supplement.”
By the way—
Do you know the difference between a “book cover” and a “book front cover”?
In everyday conversation, these two are often used in a similar sense.
However, in the publishing and illustration industries, they are clearly distinguished.
The sheet of paper wrapped around a book is the “cover.” It is also sometimes called the “jacket.”
The outside of the book itself, after the cover has been removed, is the “front cover” of the book.
To explain further—
The page near the beginning of the book where the book title and author name are written is the “title page.”
Reference page about the names of book parts:https://www.shinchosha.co.jp/tosho/book_basic.html
If the illustration will be used on social media, circle “SNS” and write the specific names, such as “Twitter” or “Facebook,” in the parentheses that follow.
This prevents the client from freely expanding use to all kinds of social media platforms.
A contract that allows use on any social media platform is also possible.
In that case, write something like “may be used on all social media platforms.”
However, since the number of social media platforms on which use is permitted increases, the fee should generally increase accordingly.
Most common media in which illustrations are used should be listed in this field.
However, there will also be media that are not listed here.
In that case, circle “Other” and write the specific medium in the parentheses that follow.
For example, there are many kinds of jobs, such as LINE stickers, social media icons, and murals inside stores.
“Title of project (or title of event, article)”
Next is:
“Title of project (or title of event, article).”
Here, enter a title for the job that makes it clear at a glance what kind of work it is.
If you write only a vague name such as “magazine illustration,” then in theory, the ordering party may be able to use that illustration in any magazine in the future.
To avoid such trouble, give the job a name that clearly distinguishes it from other jobs.
For a book cover job
Enter the book title here.
For example:
“No Longer Human by Dazai Osamu , ”
“The Tale of Genji by MURASAKI Shikibu, ”
Sometimes the title has not yet been decided.
In that case, you may write something like “Title undecided.”
For example:
“Untitled new novel by MURAKAMI Haruki, book cover”
For magazine work
For example:
“ ‘magazine title’ No. 0000, ‘Horoscope Feature,’ illustrations”
“‘magazine title’ , 2021/0/0 issue, ‘Ramen Feature,’ illustrations”
“‘magazine title’ 2021/0 issue, short story illustrations for Shino Sakuragi”
If the article title has been decided, write that title.
If it has not been decided, write something that makes the subject of the article clear.
For promotional or advertising work
For example:
“JR SKI SKI 2021 campaign advertisement, image illustration”
“Shiseido 2021 new-color rouge poster illustration”
“MUJI 2021 catalog illustrations”
Other examples
“Asahi Beer, package illustration for new autumn 2021 happoshu product”
“Daiso, illustration for masking tape”
“Portrait for social media icon”
“Elementary school science textbook, 2021 edition, spot illustrations for ‘Observing the Moon’”
Choose a title that is easy to understand and easy to distinguish from other jobs.
“Content of the Illustration Being Ordered”
Write clearly, specifically, and concisely what kind of illustration the ordering party wants.
For example:
“A salaryman riding a crowded train”
“A young woman walking through the streets of Paris”
“A back alley full of Showa-era atmosphere”
“A diagram explaining a soccer formation”
“The steps for making curry”
“The twelve zodiac signs for horoscope readings”
In many commissions, the content to be drawn will probably be specified in detail.
Write those specific instructions here.
There may be more detailed instructions that do not fit in this space.
In that case—
you may have the client write them on a separate sheet,
provide them as data,
or give instructions verbally or by email.
You may write a brief summary here and add “See attached sheet for details.”
In rare cases, the content may be left up to you.
In that case, write something like:
“Draw freely based on the image of this novel”
“Create an idea that suits this project”
“Left to the illustrator”
“Planned Publication Date, Planned Release Date, or Period of Use”
For a book, write the planned publication date.
For a product, write the planned release date.
For advertising or promotional work, write the period of use.
In advertising and promotional work, illustrators are often prohibited from working for competing companies.
When a celebrity appears in an advertisement or promotion, they are also prohibited from working for competing companies, aren’t they?
Haruka Ayase is appearing in an NTT Docomo commercial.As of May 2023.
While Haruka Ayase is appearing in an NTT Docomo commercial, she should not appear in commercials for competing companies such as SoftBank or au.
The same kind of thing happens with illustrators.
Generally speaking—
while an illustration is being used prominently as the image illustration for Company A’s product or service, that illustrator cannot work for Company A’s competitors.
In the illustration industry, this is called a “competitive restriction.”
Working for a competing company is called “batting,” and it is considered one of the things illustrators must avoid.
Even if Company A does not prohibit you from working for competing companies, while your illustration is being used there, other competing companies will often avoid using the same illustrator.
This tendency is especially strong with large jobs for major companies.
For example, if an illustrator is used for a Pepsi-Cola poster, that illustrator probably will not be used for a Coca-Cola poster while the Pepsi poster is in use.
Therefore, in advertising and promotional work—
it is extremely important to know “from when to when this illustration will be used.”
Suppose you created a poster for Tokyo Electric Power Company.
Then, ten years later, you receive an inquiry from Tokyo Gas.
If the Tokyo Electric Power Company poster were still being used ten years later, you would not be able to accept work from Tokyo Gas, a competing company.
Because Tokyo Electric Power Company and Tokyo Gas are competitors, they would avoid using the same illustrator as their rival.
If the Tokyo Electric Power Company poster were no longer being used, you would probably be able to accept the Tokyo Gas job.
But what would happen if the period of use for the Tokyo Electric Power Company poster had never been defined?
When the Tokyo Gas job comes ten years later, you would not be able to judge whether you can accept it.
If you vaguely assume, “They probably aren’t using it anymore,” and accept the job, but the Tokyo Electric Power Company poster is still being used—
you could end up facing a major compensation issue.
You want to avoid that kind of trouble.
In such a case, you would need to ask Tokyo Electric Power Company whether the poster is still being used.
However, Tokyo Electric Power Company might respond like this:
“We stopped using that poster a long time ago, but now that you mention it, we did have such a poster. Maybe we should use it again.”
If the period of use was never defined, it is possible for a company to resume use of an illustration that it had already stopped using.
No matter when they resume use, it is not a breach of contract and there is no problem.
It is completely legal.
The illustrator may request, for their own convenience, that the company stop resuming use, but there is no guarantee that the request will be accepted.
The decision should be made freely by Tokyo Electric Power Company.
They have no reason to take the illustrator’s circumstances into account.
Legally, they may be able to continue using it semi-permanently.
If Tokyo Electric Power Company does not accept the request, that illustrator may never be able to work for another company competing with Tokyo Electric Power Company for the rest of their life.
That is why the period of use should always be defined.
However, some clients do not care about competing companies.
These are clients who do not impose competitive restrictions and say, “It is fine if you work for our rivals.”
This tends to be more common among relatively small companies and in industries where competition is not intense.
However, even if the client for that particular job does not impose competitive restrictions, another company that contacts you later may still care.
“Oh, you are working for our rival, Company A? Company A does not impose competitive restrictions? Even so, from our perspective, we cannot use an illustrator who is working for our rival, Company A…”
In that case, it becomes difficult after all to work for competing companies.
There are also illustrators who take the position that they will not accept any job that prohibits work for competing companies.
High-paying jobs, such as those paying several hundred thousand yen or more than one million yen, almost always come with a request such as, “Please do not work for competing companies for a certain period.”
Choosing to work under the policy of “I do not accept any job that prohibits work for competing companies” means giving up such high-paying jobs and making a living mainly from relatively inexpensive spot illustrations.
If you are not aiming for a high income, that may be one possible approach.
However, because you would need to handle a large volume of work, I imagine it would be quite difficult.
Let us also consider the period of use for web work.
On the web, there are “corporate promotional or advertising sites” and “magazine article-style sites.”
This distinction is difficult to make without some experience, but if a company name or product name appears somewhere on the page, it is usually a promotional or advertising site.
If the page does not contain a company name or product name and simply contains some kind of article, it is often a magazine article-style site.
If your illustration is used on a promotional or advertising site, it becomes harder to work for competing companies.
Even for web work, if the site is promotional or advertising in nature, define the period of use.
For books and magazines, it is not necessary to define a period of use.
In this field, write the planned publication date.
The reason a period of use does not need to be defined is that, generally speaking, publishers do not restrict illustrators from working for competing publishers.
However, in very rare cases, even magazine jobs may restrict work for competing magazines.
I have heard of such cases, for example, with cover illustrations that serve as the face of a magazine.
In that case, have the client fill in the field at the lower right: “Whether work for competing companies is prohibited.”
However, if work for competing companies is prohibited, you should receive an appropriate fee.
“Territory of Use”
For advertising and promotional work, the territory of use is also important.
Consider the following three posters.
a) A poster used only in a small local shopping streetb) A poster used in one commercial facility in a major cityc) A poster used extensively in commercial facilities throughout Japan
Which one will bring the illustrator the highest fee?
In advertising and promotional work, the fee is determined by the economic effect of the work.
In other words, the highest fee will be for:
c) A poster used extensively in commercial facilities throughout Japan.
The next highest will be:
b) A poster used in one commercial facility in a major city.
The least expensive will be:
a) A poster used only in a small local shopping street.
However, this is only a guideline.
Even in case b, if the poster is for a major commercial facility in Tokyo, it could possibly command a higher fee than one used in facilities nationwide.
This depends on the economic scale involved.
If the illustration is used all over the world, the fee will increase even further.
For publishing-related work, the sales area will probably be almost entirely Japan.
In that case, write “Japan.”
For a local magazine, write the name of the region where it will be sold.
If the book or magazine will also be sold overseas, write the names of those countries as well.
“Number of Products or Print Run”
For advertising and promotional work, it is sometimes better to determine the quantity.
For example, between one poster and 100 posters, 100 posters will generally command a higher fee.
There are also cases where the quantity is not defined.
The client may print as many as needed and reprint if they run out.
In such cases, write something like “No quantity limit.”
If the illustration is used on products or merchandise, the quantity may also be determined in advance.
For example, suppose a company produces and sells miscellaneous goods that prominently feature your illustration.
Suppose the fee is set at 50,000 yen for a production run of 10,000 units.
If the goods are well received, the 10,000 units sell out, and the client decides to produce more, you can receive an additional fee for the additional production.
But if the quantity was not defined and the fee was simply set at 50,000 yen, then even if the product is produced again, you will receive only the initially agreed 50,000 yen.
Even if it becomes a huge boom throughout Japan and sells explosively, you will not receive more than 50,000 yen.
That is why it is better to define the quantity.
For products and merchandise, the quantity may not be defined and the compensation may instead be based on royalties.
A royalty is a system in which the illustrator receives a certain percentage of sales.
In that case, do not fill in this field; draw a diagonal line through it or otherwise mark it as not applicable.
Then fill in the “Royalty or Book Royalty” field near the lower right.
There are also cases where the quantity is not defined.
Especially when you are just starting out, even if a company produces a product or merchandise using your work, it may be difficult to negotiate a contract that defines the quantity.
If the quantity is not defined, write something like “No quantity limit.”
For book covers and magazine illustrations, the print run is not defined.
The fee is determined regardless of the number of copies printed.
Even if the book becomes a bestseller and sells many copies, the illustrator receives only the fee initially agreed upon.
Some books for creators about copyright say something that makes it sound as though illustrators receive additional compensation when a book with their cover illustration is reprinted.
However, that is incorrect.
I imagine the author of that book was a lawyer and may not have been familiar with the rules of the publishing industry.
For publishing-related work, write “No quantity limit.”
You may also draw a diagonal line to indicate that no entry is necessary.
If the book is your own work, such as an art book, the royalty system applies.
Picture books and manga also use the royalty system.
Even for a text-based book, if you yourself are the author, the royalty system applies.
Children’s books with many illustrations may also use the royalty system.
In the case of royalties, do not fill in this field; fill in the “Royalty or Book Royalty” field near the lower right.
I have read a court precedent stating that when a book is reprinted, the illustrator should also receive additional compensation.
Perhaps the lawyer who wrote the copyright book suggesting that illustrators can receive additional compensation when a book with their cover illustration is reprinted was basing that claim on this precedent.
For picture books, that is indeed true.
However—
there are no cases in which an illustrator receives additional compensation simply because a general book cover they illustrated is reprinted.
“Whether Work for Competing Companies Is Prohibited”
This field is also important.
As explained in the section on “Planned Publication Date, Planned Release Date, or Period of Use”—
in advertising and promotional work, illustrators are often prohibited from working for competing companies.
If such work is prohibited, clearly write:
what industry or product category is prohibited,
and from when to when the prohibition applies.
The period of prohibition does not necessarily match the period of use.
Even after the use ends, work for competing companies may be prohibited for a certain period.
In the past—
Yuji Oda, who had appeared in an NTT Docomo commercial, appeared in a commercial for a competing mobile phone company immediately after that commercial contract ended.
This caused a major stir in the advertising and promotional industry.
To prevent such situations, work for competitors may be prohibited for a while even after the contract period ends.
However, the longer the period during which work for competitors is prohibited, the higher the illustrator’s fee should be.
You should negotiate this properly.
If you work as an illustrator for many years, it is not uncommon to receive inquiries from competing companies.
For example, suppose you created an in-store POP advertisement for cold medicine.
You should clarify:
Is only work related to cold medicine prohibited?
Or is work related to all pharmaceuticals prohibited?
If this is not clarified—
ten years later, when you receive an in-store POP job for stomach medicine from another company, you will not know whether you can accept it.
However, even if the client says, “There are no restrictions on work for competitors”—
other companies may still care in the future.
For example, suppose you created an in-store POP advertisement for Company A’s cold medicine, and there was no competitive restriction.
Later, Pharmaceutical Company B contacts Illustrator C about a TV commercial for medicine.
But as soon as Company B learns that Illustrator C has worked on Company A’s cold medicine, the situation may change, and they may say:
“We are sorry, but we have decided to ask another illustrator after all.”
Therefore, even when there is no competitive restriction, advertising and promotional work should command a high fee.
“Size”
Size is important.
If you get this wrong, you may have to redraw the work.
Be sure to enter the size accurately.
It is quite common to confuse height and width.
Be careful.
Also be sure to write the units.
In the world of graphic design, sizes are generally specified in millimeters.
For web work, sizes are specified in pixels.
Millimeters and pixels are completely different.
Be careful.
The form allows you to enter up to seven different sizes.
Most jobs should fit within seven sizes.
If there are more size variations than that and they do not fit in the form—
one option is to write a size list on a separate sheet.
If you use another sheet, write something like “See attached sheet for sizes” in the special notes field, and create a table showing the quantity, color, and fee for each size.
Be sure to write the total amount on this Work Confirmation Form.
It is also fine to create and use your own original Work Confirmation Form with more size fields.
If there are fewer than seven sizes, some fields will remain blank.
To prevent anyone from adding items later, draw diagonal lines through the unused fields.
Sometimes the size has not been decided at the time of the commission.
This happens when the layout has not yet been created, and the size will be specified once the layout is complete.
In such cases, write an approximate reference size.
You may write “approximate” after the size.
Another method is to write in the size field:
“Size to be specified after layout completion.”
Sometimes the layout is created based on the finished illustration.
This is when the illustrator draws in a relatively free size, and the designer creates the design based on that illustration.
In this case, you may write in the size field:
“Left to the illustrator”
“Free”
“No fixed size”
or you may write an approximate size, such as:
“Approximately three-quarters of a magazine spread”
“Approximately half of one magazine page”
“Number of Works”
The number of works is entered for each size.
Be careful to enter the quantity for each size correctly.
“Color: 1C, 2C, 4C, Spot Colors, etc.”
In the illustration, graphic design, and printing industries, the number of printing colors is expressed as “1C,” “2C,” “4C,” and so on.
When printed with one ink color, write “1C”
All black-only printing falls into this category.
Black is sometimes called “sumi” or “black.”
It is also common for printing to use one color other than black.
For example, one-color cyan, one-color magenta, or a spot color may be used.
In the case of “1C,” write the specific color name as well, such as “sumi,” “cyan,” or “magenta.”
When printed with four ink colors, write “4C”
General color printing reproduces all colors using the four CMYK inks.
In other words, “4C” refers to ordinary full-color printing.
Almost all color pages in magazines are printed with these four colors.
Book covers are also often printed in these four colors.
Instructions to illustrators may be expressed as:
“in color,”
“in 4C,”
or “in four colors.”
I sometimes hear amusing stories about new illustrators who misunderstand “four colors” to mean that they may use only four colors.
According to one editor, some illustrators seriously ask:
“Should I color it using red, blue, yellow, and green?”
When you are told “four colors,” it means full-color printing, so you may use any ordinary color.
However, some colors cannot be reproduced in ordinary full-color printing, such as gold, silver, fluorescent colors, and extremely vivid colors.
Incidentally—
Y stands for yellow.
M stands for magenta.
C stands for cyan.
K means black. It is sometimes written as “Bk.”
General “4C” refers to these four colors.
If any other special color is used, write that color name as well.
Other numbers of colors
There are also cases where printing is done in 3C, 5C, 6C, 7C, or even more colors.
The more inks used, the higher the printing cost.
2C is more expensive than 1C, and 4C is more expensive than 2C.
Sometimes, to reduce printing costs, only three colors are used to create an effect close to four-color printing.
When there is sufficient budget, five-color or six-color printing may be used to reproduce colors that are difficult to achieve with ordinary four-color printing.
For example, in vivid color pages for girls’ manga, fluorescent pink or fluorescent yellow is often used as the fifth or sixth color.
In such cases, it is called “5C” or “6C.”
There is also a printing method that uses seven colors—YMCK plus RGB—to reproduce a wider range of colors.
R stands for red.
G stands for green.
B stands for blue.
In such cases, it is “7C.”
For special printing as well, write the names of the colors used.
However, because it costs money, such special printing is rarely used.
A “spot color” is a special color other than CMYK: cyan, magenta, yellow, and black.
There are many kinds of spot colors, such as:
various intermediate colors,
gray,
white,
metallic colors such as gold and silver,
fluorescent colors,
transparent colors,
and so on.
Designers specify colors using a color sample book called the DIC Color Guide.
This color sample book contains actual printed examples of various spot colors.
Each color is assigned a number.
Reference page:https://www.sakawa.jp/pdf/dic.pdf
Spot colors are specified using these DIC color numbers.
In the case of a spot color, write the specified color number.
If you are given a DIC number and do not know what color it is, you can search online.
Adobe Photoshop and Adobe Illustrator can also display DIC colors.
However, the color shown on a display and the actual printed color do not match perfectly.
This is because many colors cannot be reproduced on a display.
To know exactly what the color looks like, the DIC Color Guide is essential.
As you continue working professionally, you will eventually want to purchase one.
Note: Ordinary full-color printing uses four CMYK inks.
By combining halftone dots of CMYK inks, various intermediate colors are expressed.
Any color expressed by combining these four CMYK colors is not called a spot color.
A spot color means that the ink itself used in printing is a color other than YMCK.
Colors for web work
For web, game, or television work, you will not be instructed on the number of colors.
This is because all displays show color using RGB.
Write “RGB color.”
Displays show color using three colors: R for red, G for green, and B for blue.
“Fee per Illustration”
This is where you write the usage fee for one illustration.
For ordinary jobs, the fee is for one medium and one-time use.
If you draw a book cover and the illustration will also be used for an in-store POP display, that is use in two media.
In that case, write only the usage fee for the book cover here, and enter the reuse fee for the in-store POP in the field below, “Whether there is secondary use or reuse.”
For example:
“Reuse for in-store POP: ¥〇〇〇〇”
Sometimes the reuse fee is not set separately, and a single fee is agreed upon for use in multiple media.
For example:
“〇〇〇〇 yen for use on book cover, title page, and in-store POP.”
In that case, circle “book cover,” “title page,” and “in-store POP” in the “Medium of Use” field above.
“Total Fee by Size”
Add up the fees for each size and enter the total here.
For example, if there are ten illustrations at 10,000 yen each:
¥10,000 × 10 illustrations = ¥100,000
So write:
“¥100,000”
If you will receive a separate reuse fee, enter it in the “Whether there is secondary use or reuse” field below.
If the fee includes reuse as part of a combined amount, cross out “one medium, one-time use” with a double line.
“Whether There Is Secondary Use or Reuse”
Using an illustration for a purpose other than its original purpose is called “secondary use” or “reuse.”
“Secondary use” and “reuse” mean almost the same thing.
If the illustration will not be used in any medium other than the one written in the “Medium of Use” field, circle “No” for “Whether there is secondary use or reuse.”
If the illustration will also be used in another medium, circle “Yes,” write the name of that medium here, and write the reuse fee.
For example, if an illustration created as a book cover will be used for:
the book’s front cover,
the book’s title page,
an in-store POP display,
a newspaper advertisement,
a hanging advertisement inside a train,
another book,
a website,
another magazine,
or a completely different advertisement,
that is secondary use, or reuse.
“Royalty or Book Royalty”
In addition to cases where an illustrator’s fee is set as “〇〇 yen per illustration,” there are also cases where the usage fee is determined according to sales or the number of copies printed.
A system in which the illustrator receives a usage fee according to sales or print run is called a royalty system.
In the case of books, this type of royalty is called “inzei” in Japanese, meaning book royalties.
This system is often used when the power of the illustration contributes significantly to the value of the product.
For example:
picture books,
manga,
jigsaw puzzles,
postcards,
coloring books,
and so on.
Even for books other than picture books, if the illustrator has written most of the content as the author, royalties may be used.
Children’s books with many illustrations may also use royalties.
For other merchandise and products, royalties may be used when the illustration contributes greatly to sales.
For example, suppose there is a product priced at 1,000 yen, 10,000 units are sold, and the royalty is 5 percent of sales.
The royalty received by the illustrator would be 500,000 yen.
1,000 yen × 10,000 units × 5% = 500,000 yen
Royalties are not always calculated as a percentage of sales.
They may also be calculated as a percentage of:
the number manufactured,
or the number shipped.
Be sure to decide what the percentage is based on.
The general royalty rate for ordinary products is about 3 to 7 percent.
Five percent is probably the most common.
New illustrators tend to receive lower rates, while popular illustrators tend to receive higher rates.
Book royalties are often 10 percent.
When a book, such as a picture book, has two creators, the royalty is often divided between them at 5 percent each.
For books and picture books, royalties are often calculated based on the number of copies printed.
However, depending on the publisher, for new or unknown authors, royalties may be calculated based on sales or the number shipped.
Suppose you are responsible only for the illustrations in a picture book, while someone else writes the text.
If the book is priced at 1,000 yen, the print run is 10,000 copies, and the royalty is 5 percent of the print run—
the illustrator’s royalty would be 500,000 yen.
1,000 yen × 10,000 copies × 5% = 500,000 yen
If this picture book sells well and is reprinted, royalties will again be generated for the additional copies.
However, because the publishing industry has been in a slump recently, first printings are often fewer than 10,000 copies.
Especially in the case of unknown new creators, I think first printings are often 5,000 copies or fewer.
“Total Fee”
Enter the total amount after adding together the fees for each size and any reuse fees.
Also confirm in advance whether consumption tax is included or separate, and circle either “included” or “separate.”
“Invoice needed?”
Until now, many publishers did not require invoices.
However, because the invoice system is beginning, most companies may start requesting invoices.
Confirm in advance whether an invoice is required, and circle either “not required” or “required.”
If an invoice is required, also confirm and write by when it should be sent.
These days, I believe most companies accept invoices in PDF format sent by email rather than by postal mail.
However, confirm this in advance.
After checking with the ordering party, write whether an invoice by email is “allowed” or “not allowed.”
An invoice needs an addressee.
The ordering party may specify the addressee.
Confirm the addressee and write it here.
“Bank Account for Transfer”
Write the illustrator’s bank account here.
This is the account into which the fee for the job will be transferred.
Keep your work account and private account separate.
This will make accounting and tax filing easier.
However, recently, it has become difficult to hold multiple accounts at the same bank.
If you try to open another account at the same bank, even at a different branch, you will almost always be refused.
Illustrators need to move funds between their work account and private account.
However, if you transfer money to a different bank, you will be charged a fee.
You may often find yourself withdrawing money at an ATM of the bank where your work account is located, then immediately depositing it at an ATM of the bank where your private account is located.
Carrying a large amount of cash over a long distance may be unsettling.
Think carefully when opening a bank account.
One option is to choose a bank that allows free deposits and withdrawals at convenience store ATMs.
It is convenient if you can withdraw money at that ATM and deposit it into another account on the spot.There are often limits on the number of free deposits and withdrawals.
Another option is to create both an ordinary account and a business account at the same bank.
This allows you to open accounts at the same bank and branch.
You can move funds from your home computer without incurring transfer fees.
Even freelancers who are not corporations can open business accounts.
However, every bank has some kind of screening process for opening a business account.
You will need to prove that you are actually working as an illustrator.
The methods and conditions for proving this seem to vary depending on the bank.
For details, please contact the bank where you wish to open an account.
It seems that at Japanese banks, it is better to have filed a business opening notification and also have a proper website.
Also, for business accounts, most banks deduct online banking fees every month even if you do nothing.
I think an online bank with no monthly fees is a good choice.
If you are going to open a business account, check the fees carefully in advance.
If you're using PayPal or Wise, be sure to enter your account details here as well.
“Transaction fee is charged to Client / lllustrator”
When the client pays the illustrator, confirm whether the bank transfer fee will be borne by the payer or the recipient, and circle the appropriate option.
“Payment Date”
Confirm in advance the date on which the client will transfer the fee to the illustrator, and write it here.
Under Japanese law, payment is required within 60 days after delivery.
However, in practice, there are cases where it takes longer.
For example, when the job comes from an editorial production company—
the company may pay the illustrator only after the publisher has paid the editorial production company.
In that case, I think it may take about three months.
“Rough Sketch Submission Date”
You should also decide the rough sketch submission date.
The client may specify it, or the illustrator may propose it.
Write it after both parties have agreed.
After you send the rough sketch, the person in charge may be on vacation or on a business trip, and you may not receive a reply for several days.
It is important to decide in advance when the rough sketch will be sent.
A rough sketch is a simple sketch.
It should convey the approximate image of the finished work.
In the past, simple pencil sketches were the mainstream.
Clients used to check them by fax.
Therefore, color roughs were not possible.
However, since the era of sending rough sketches by email began, color roughs have become mainstream.
Some people send rough sketches created on a computer that are almost at the same level as the finished work.
Some illustrators create the final artwork with paint, but create the rough sketch on a computer and add simple colors digitally.
“Submission date of final work”
This is the date on which the completed illustration will be delivered.
Be sure to confirm it and clearly write it here.
If delivery is delayed, the magazine may not be ready in time for its release date.
You must absolutely meet the deadline.
If you miss it, you should assume that you will never receive work from that client again.
If illness or another unavoidable reason makes it impossible to meet the deadline, contact the client as early as possible and discuss the situation.
It is also possible that an accident or sudden illness could make it impossible for you to contact the client yourself.
For that reason, I recommend telling your family about the work currently in progress and the contact information of the person in charge.
I share a calendar app that syncs across iPhone and Mac with my wife.
By looking at it, she can see what deadlines I have and when.
I also put the contact information of the person in charge in the memo field, so if something happens, my wife will contact them.
If you are not an Apple user, I think Google Calendar is a good option.
“Format and submission method”
This should also be confirmed in advance.
Today, most illustrators deliver data.
Therefore, if you suddenly send original analog artwork without any prior explanation, the recipient may panic.
In the case of original artwork, the designer may need to scan it.
If there are many pieces, this can be a lot of work.
Stretched canvases or thick works, as well as three-dimensional works, cannot be scanned.
A photographer or photography company will need to photograph them.
Magazines usually set deadlines very tightly, so it may be difficult to find a photographer at the last minute.
Or the budget may not include photography costs in the first place.
Be sure to discuss the delivery format in advance.
For print work, the data should generally be delivered in one of the following formats:
Adobe Photoshop format, PSD
Photoshop EPS format, EPS
Adobe Illustrator format, AI
Illustrator EPS format, EPS
Also confirm the version of the Adobe software in advance.
For web and app work, the following formats are common:
JPEG
PNG
GIF
Whatever format you use for delivery, always confirm with the delivery recipient in advance.
When delivering the data, compress it before sending.
The ZIP format is common.
Be careful with special formats, because the designer may not be able to open them.
Also, do not password-protect ZIP files.
If you email a password-protected ZIP file, virus checking cannot be performed during transmission, which may spread infections.
Never do this.
For the delivery method, if the file is small, around one megabyte or less, it is fine to attach it to an email.
If the file is larger than that, it is better not to send it as an email attachment.
There are several ways to send files without attaching them to email.
Personally, I think the best method is to use Dropbox.
“Special Notes”
If there are any other matters agreed upon in advance, write them clearly here.
Examples include:
“The artwork may be cropped for reuse.”
“If the job is cancelled after the rough sketch stage, the client shall pay the illustrator 50% of the planned total fee.”
“Revisions to rough sketches are limited to three rounds. For any additional revisions, the client shall pay the illustrator 〇〇 yen per revision.”
“If reuse in a medium not listed in this document becomes necessary, the client shall pay the illustrator 50% of the original fee for each additional medium.”
If there are no special notes, draw a diagonal line through the field to prevent anything from being added later.
“This Is an Exclusive License Agreement for Use by One Company, One Individual, One Organization, One Local Government, etc. The Illustrator Will Not License This Work for Use by Any Other Company, Individual, Organization, Local Government, etc.”
I will explain the first sentence at the bottom outside the main fields.
In one sentence, this means:
“The illustrator will not reuse this artwork for other companies or similar parties.”
In ordinary illustration work, the client is granted exclusive use.
You are selling the right for that one company to use the work exclusively.
Therefore, the illustrator must not use the same work for another company’s job.
You must not make slight changes and reuse it either.
Be careful not to reuse the same artwork.
However, there is an exception.
Stock illustration.
Stock illustration is created on the assumption that many companies, individuals, organizations, local governments, and others will use it.
There are various stock service websites, but even when you receive a direct commission from a client without going through such a service, the work may sometimes be treated as stock.
If the client’s budget is small, you might say:
“I can lower the fee, but in exchange, this illustration will be treated as stock, and I may allow other companies to use it in the future.”
If the client agrees to those terms, the job can be handled as stock illustration.
In that case, cross out the relevant sentence with a double line, and write something like “Non-exclusive license” or “May be used as stock illustration” in the special notes field.
“Copyright is held by the illustrator. In the case of usage of the illustrations for purposes not covered by this agreement, reuse or use in other media, additional fees will apply.”
I will explain the second sentence at the bottom outside the main fields.
In the world of professional illustration, copyright is sometimes demanded after delivery.
This is a serious problem.
This sentence is included to prevent that from happening.
Once the client signs the Work Confirmation Form, they cannot later demand copyright transfer as an afterthought.
Illustrations are protected by copyright the moment they are created.
The copyright belongs to the person who created them.
However, copyright can be transferred.
It can be sold to a company, individual, organization, local government, or similar party.
A company that buys the copyright obtains the right to grant permission for how the work will be used.
In that situation, the illustrator who originally held the copyright no longer has the copyright, so they no longer have the right to authorize how the work is used.
No matter how the company that purchased the copyright uses the work, the illustrator can no longer object.
Please read this note to understand what happens when copyright is transferred:
“The Illustrator May Exercise Moral Rights. If Minor Cropping or Color Changes Are Permitted, or If the Illustrator’s Name Will Not Be Displayed, This Should Be Written in the Special Notes Field.”
I will explain the third sentence at the bottom outside the main fields.
Literally, this means:
“The illustrator may exercise moral rights.”
In the field of professional illustration, there are many cases in which illustrators are pressured into signing contracts stating that they will not exercise their moral rights.
This has become a major problem.
This sentence is included in the Work Confirmation Form so that such contracts are not forced upon the illustrator later.
Let me also explain moral rights.
In Japanese law, moral rights of authors mainly include the following four:
Right of disclosure
Right of attribution
Right to preserve the integrity of the work
Right to preserve honor and reputation
Among these, the ones that particularly matter in illustration work are the right of attribution and the right to preserve integrity.
The right of attribution is the right to decide whether the author’s name is displayed and how it is displayed.
For example, whether the illustrator’s name will be displayed or not is something the illustrator may decide.
The right to preserve the integrity of the work is the right to prevent the work from being altered without permission.
For example, if an illustration is cropped, its colors are changed, or elements are added without permission, this may infringe the illustrator’s moral rights.
However, in actual work, some degree of cropping or color adjustment may be unavoidable.
For example, when an illustration is used in a layout, it may need to be cropped slightly.
If the illustrator permits this in advance, write it in the special notes field.
For example:
“Minor cropping for layout purposes is permitted.”
“Minor color adjustment for printing is permitted.”
If the illustrator’s name will not be displayed, write that as well.
For example:
“The illustrator’s name will not be displayed.”
By writing these matters in advance, unnecessary trouble can be prevented.
Explanation of the Risks of Contracts That Do Not Exercise Moral Rights of Authors：https://note.com/moriryuichiro/n/nb6d23eab97f6
“After the submission, the cost will be charged even if illustrations are not used. If the order is cancelled during production, a price will be charged depending on the progress.”
I will explain this sentence.
Sometimes, after the illustration has been delivered, the client decides not to use it.
Even in that case, the fee is still required.
The illustrator has already completed the work.
The client’s decision not to use it does not mean the illustrator’s work becomes free.
Also, sometimes a job is cancelled midway, such as after the rough sketch stage.
Even then, a fee should be paid according to the progress made.
For example, if the job is cancelled after rough sketches have been submitted, 50% of the planned total fee may be paid.
If the final artwork has already begun, the percentage may be higher.
It is best to write such rules clearly in the special notes field in advance.
“Please return the original artwork and eventual copies to the illustrator after the work is done. (Excluding digital data)”
I will explain this sentence.
Original artwork and data belong to the illustrator.
After the work is completed, they should be returned to the illustrator.
In the past, when analog artwork was delivered, there were many cases where the original artwork was not returned.
Some originals were lost, damaged, or kept by the client.
This kind of trouble should be avoided.
If the work is analog original artwork, ask for it to be returned after use.
However, data delivered online is excluded.
This is because digital data can be copied, so there is usually no need to “return” it in the same way as original artwork.
“If possible, please provide printed materials or samples of the completed work to the illustrator. In case of online-based projects, please provide the web address.”
I will explain this sentence.
When a book, magazine, product, or other item using the illustration is completed, the illustrator should receive finished samples.
Finished samples are important.
They allow the illustrator to confirm how the work was actually used.
They can also be kept as records of professional achievements.
If the illustration is published online, there may be no physical sample.
In that case, the client should inform the illustrator of the URL.
The same applies to e-books.
“The illustrator is allowed to publish the artwork of the project on his/her website and portfolio. Please inform him/her in advance if it is inconvenient.”
I will explain this sentence.
For illustrators, showing past work is extremely important.
A portfolio is necessary in order to receive future work.
Therefore, as a general rule, illustrators should be able to show the images from their jobs as professional achievements on their website, portfolio, social media, and similar platforms.
However, there may be cases where public disclosure is not allowed.
For example:
when the project is confidential,
when the product has not yet been announced,
when the client has strict internal rules,
or when the illustration is used in a way that must not be disclosed.
If there is any problem with public disclosure, the client should tell the illustrator in advance.
If publication as work history is not allowed, the illustrator loses an important opportunity to use the job as a professional achievement.
In such cases, the fee should be higher.
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