“The challenge with whales is that you have to swim out to them; otherwise they don’t know you exist”

Years ago an advertising company contacted us to use Drew’s art for a promotion for Togo’s Eatery.  The company wanted to connect with Southern California Surfers.

What better guy than Drew, a surfing artist, to help them reach that goal?  They licensed Drew’s art to wrap on surf vans and bought many of Drew’s painted surfboards and hired surfers to drive the vans up and down the coast, giving out Togo’s sandwiches and Drew Brophy surf art posters.  The campaign was a huge success for Togo’s.

It was a whale of a deal for us, and it was indeed an introduction into working with companies that had a healthy advertising budget.

This year, my top business goal is to catch three whales.  In this article, I’m going to share with you the first step to creative deal-making with whales!

It’s a fact that it takes the same amount of time to complete a whale of a project (that pays extremely well) as it does to take care of a low-paying minnow.

The challenge with whales is that you have to swim out to them; otherwise they don’t know you exist.   Meanwhile, the minnows are keeping us near the shoreline in a holding pattern.

Whales are the big companies with healthy budgets, those who don’t blink an eye at your proposal if it’s something they need.  They appreciate your work and happily show up with a check.

And then there’s the plentiful minnows.   Now, don’t get me wrong here, I appreciate the minnows that have helped my business grow.  But it’s more advantageous to place efforts into deals that will earn us bigger bucks.  And some minnows are more apt to haggle on price, ask for more than they pay for, and often are high-maintenance.

And the part that many of us small-business owners overlook is this:  The whales need us!  We have talents and gifts that will benefit them, if only they knew about it.

It’s a fact that many whales end their fiscal year with money left over that should have been spent on things like sponsorships and programs.  What a tragedy!  Some of that unspent cash could have sponsored your painting tour or your special event for kids or your brilliant advertising idea.

I’m currently building my net to catch three whales this year, and one of them is going to benefit from sponsoring a Standup Paddle –n- Paint Tour we are taking across the country this summer.

The first step to making a deal with a whale is to find a whale that needs you.  Here’s how:

Grab a pen and a piece of paper, pour a cup of tea and sit down and brainstorm with these questions -

• “Who or what will benefit from my art?”  (i.e. if you paint horse portraits, companies that sell to horse owners would benefit from your art)
• “Who will benefit from my persona and lifestyle”  (i.e. if you are an enthusiastic rock climber, skater, harpist, fill in the blank – what companies would benefit from that lifestyle)
• “What company shares the same core values that I do?”  (ie. if you live for environmental causes, look for companies that do, too.)
• “What company has similar goals as I do?”  (i.e. If your goal is to teach children how to dance, team up with a company who has the same goal.)
• “What company is trying to reach a target market that I already have reached?”  (i.e. if you are well known for something, find a company that is trying to connect with others who admire that something that you’re known for)

What you are looking for is someone who will benefit from:

• Your art
• You being featured in their ads
• Your association with them
• Your upcoming events, tours or shows

Once you come up with your list of entities, the next step is to brainstorm on what you can create with or for this company.

I’ll be writing more articles that will give examples of deals to create and how to present to the company.

I hope this encourages you to chase after a few whales this year!  Please, share in the comments any questions or thoughts you have, or additional advice on this topic.

Here’s to all of us catching the big fish we seek!

Maria

PS:  At this month’s smARTist Summit, I will be speaking about Putting deals together; A totally out of the box use of creativity!  For information on this live, virtual event please click here!

ART CREDIT: The popular “Fail Whale” image at the top of this post is illustrated by the very talented Yiying Lu.  You can see her website here:  http://www.yiyinglu.com/sc/illustration and also read an interview with her about the making of the famous Twitter Fail Whale on the Drawn blog.Similar Posts:

• Say Yes! To All Opportunities for Media Exposure
• Art, Business and Happiness – Helpful Links
• Branding Art from Surfboards to Greeting Cards – by Kate Harper

Circle of Life Painting by Drew Brophy

ONE MAJOR KEY TO CONNECTING WITH COLLECTORS: SOLVE THEIR PROBLEM!

Last month I almost lost sale on a large painting, and admittedly it was my fault.

But I learned a lesson and luckily, I was given a second chance.

Here’s what happened:

We thought we would try something new at Drew Brophy studios this holiday season to pump up sales and to create a personal connection to Drew’s collectors.  We held a studio “open house” the four Saturdays before Christmas.

It was a success; we had existing collectors show up and many new people who had never been in our studio before.  We sold over two dozen original paintings!

However, I almost lost the sale of the largest painting that month.

That’s because, in the hustle of being busy with many customers, I forgot one of the golden rules of selling art:

Make it easy for your customer to buy.  Solve their problems and you’ll make the sale.

One of Drew’s regular collectors, Tim, had showed up to open house and was interested in a very large painting called The Circle of Life.

His problem was this:  he needed to have it transported to his new home in Hawaii.

When he suggested that he look into shipping options himself, I agreed to let him do the work on solving that problem.  That was a mistake on my part.  It was my responsibility to take care of the shipping.  I shouldn’t have made the customer do the work on that.

A few days later he called and said that he couldn’t buy the painting after all; the shipping service that he was using for all of his other belongings wouldn’t insure the painting.

This is when I realized the error of my ways and said “let me see what I can find out about shipping and get back to you.”

I made a few calls to others who ship large items to Hawaii and got leads on different companies that insure artwork.  Then I called for price quotes and insurance information and chose the best option.

I called Tim and said “I found a good shipping price from a company that is willing to insure it.  How about this; we will build the crate for it, package and ship it and all you have to do is pay for it?”

There was a good chance that he had changed him mind on buying the painting.  But happily, he agreed to the shipping quote.  SOLD!  The Circle of Life is going to its new home Hawaii this month, and all is well.

The moral of the story is this:

Make it easy for your collectors to buy your art.  Solve their problems for them.  Ensure that their experience with you one of ease and joy.

Aren’t you glad that I am here to make all the mistakes for you?  Now you don’t have to make that one!

Here’s to cultivating many new collectors in 2012!

Maria xxoo

PS:  There are many different aspects to connecting with your collectors.  I’ll be hosting a live call with expert Artist Coach Ariane Goodwin to discuss her own wonderful ideas on how to connect with collectors.

Please join me on my call with Ariane on Tuesday, January 10^th, from 7-8 p.m. Eastern Standard Time (4-5 pm PST).  It’s free, and you can sign up for it here!

PPS:  IN THE COMMENTS, PLEASE SHARE your tips or a lesson learned when Connecting with Collectors!

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“Honest poverty is a gem that even a King might call his own, but I wish to sell out.”  Mark Twain

A bright young artist I met on the beach yesterday was concerned about “selling out”.

She’s fortunate enough to get commissioned work from local buyers in her her community, but the subject matter that some of her clients ask her to paint worries her.

I was impressed when she told me that she quit her job waiting tables so that she could paint full-time.

She took a loan to get her business started and she’s taking the leap into being a full-time artist.

That kind of committment is what leads to success.  I have no doubt she’ll go far, as she works to figure out the rest of pieces of the puzzle.  She had a lot of questions.

“Am I selling out when I paint what they ask for?”  She was taking her career as an artist very seriously, and didn’t want to make big mistakes that might hurt her future.

Every now and again the Big Sell Out Question emerges, and I’ve written about it before, on a different topic, as well as on the question of Should an Artist be Paid for their Work?

She mentioned that a lot of people wanted her to paint dogs and particular landscapes and other subject matter that she isn’t drawn to.

I pointed out that many people paint dogs and love it, because pets are their passion; but she said that’s just not for her.

I asked her what she is drawn to, what would be her preference to paint.  She said she’s working on finding her niche and her own style.

The one thing she’s sure of is this:  her passion is painting, and she’s good at it, and that’s why she has no problem getting commissions.

In the hot South Carolina sun, sand blowing in the wind, we talked about what it means to “sell out.”

Selling out is not what a lot of people think it is.

Selling out is when you agree to do something that goes against your personal values, just for money.  For every single person, selling out is different.  We all have very different personal values.

For example: a person who doesn’t believe in drinking alcohol would be selling out if they accepted a commission from a liquor company.  A person who abbhors corporate America is selling out when they accept a large grant that’s funded by Microsoft.

Painting subject matter that isn’t your favorite isn’t necessarilly selling out.  I look at it like this:

An emerging artist, still working out their niche and their style, will benefit from the opportunity to paint in different styles, mediums and subject matter.

They may be asked to paint something they normally wouldn’t, only to discover a spark of energy, one that wakes up a part of them, and through that exercise they discover something that they love!

Experimenting can open an entire new world of possibilities for an artist.  And at the same time, you don’t have to go back to that old job that doesn’t do anything for your art career.

Waiting tables vs. Painting dogs:  At least with painting dogs (or any subject that’s not your favorite), you’re getting time in the studio, practicing dealing with clients, learning the business, working with colors, getting paint on your hands.  Waiting tables contributes little to your art career.

So what do you think?  Should an emerging artist abstain from painting what she isn’t drawn to?  Is it selling out?

I’d love to hear your thoughts in the comments below!

Maria xxoo

Pin-up girl image above courtesy of http://www.zazzle.com/pinuppro

PS:  I’m on vacation here in South Carolina, beaching it every day, and writing a book that will help artists with art licensing contract langauge.  I’ll keep you posted on the progress!

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A huge amount of my effort goes into public relations, all with the goal of building up the brand of Artist Drew Brophy through media exposure.

Why?  Because exposure = popularity = interest = fans = sales = success.

The hard to swallow truth is this:

The most successful people are not necessarily the most talented; they are the best marketed.

Many people mistakenly think they have to go out and spend money on advertising to get press.  But for small business owners, that’s not always the best way to go.

Free press is so much better than paid advertising!  When you’re written about in an authentic story of interest, the public is more likely to pay attention to it.  And, it’s better because it’s free…leave the expensive advertising to the Coca Colas of the world.

Having an authority (like a newspaper or magazine or blog) to write about what you’re doing gives you exposure and credibility. And the more of those 2 things that you get, the more people will know about you AND will trust in what you do.

In the past few years, Drew’s art has been on the COVER of many publications: Surfing Magazine, Eastern Surf, Airbrush Technique Magazine, Longboard Magazine, So Cal Magazine, Pinstriping &  Kustom Graphics and SC Times Newspaper, to name a few.

He’s also had full color art in magazines such as Playboy, Spin, Surfer, Juxtapoz, Art Business News, Royalties and License.  (And then there’s numerous mentions in trade magazines, too many to count.)

And though I’d love to say that all of these publications come running to us for a story, that would be a lie.

The truth is, we work at it constantly. We send out press releases  several times a year and we keep in close touch with the media.

But, how do you get an editor to care about what you’re doing?

By sending a proper press release: According to expert promoter Artist Tara Reed, a press release is “a one-page document that tells a specific piece of news about your business – it’s an announcement.”

There is a strategy for sending press releases, and I’m going to share it with you, along with information I pulled from Artist Tara Reed’s wonderful e-book titled LEARN HOW TO BE A PRESS FRIENDLY ARTIST (This book is not just for artists, it’s applicable to ANYONE looking for details on how to write and submit press releases.)

I’ll use my most recent press release as an example of how sending out a press release is effective in getting free press:

I sent a press release to announce that the Cox Network in San Diego picked up my tv show, THE PAINT SHOP.  (You can see the press release here.)

To announce the news, I emailed a press release to publications and online news sites.

The result: Over a dozen blogs and media/news websites picked up and listed my release AND we got an interview with a writer of a column called JOE SURF in Laguna Beach, which made it into the printed paper that week.

HOW TO CREATE/SEND A PRESS RELEASE CHECKLIST:

1.)  HAVE SOMETHING TO ANNOUNCE:  You have more interesting things to announce than you think!

THE KEY IS TO NOT SELL, BUT TELL.  What I mean by that is:  You want to send out “newsworthy” releases, not advertisements.    Here’s just a few ideas for you:

• You changed companies
• You won an award
• You wrote a book
• You signed a new deal or license or partnership (get your partners approval before sending)
• You have an event coming up, like a “ten years in business” party or an art show
• You’re doing something great for a charity
• You’re paddleboarding 225 miles down the rapids of the Grand Canyon
• Anything that could be considered Newsworthy!

2.)  CREATE YOUR “MEDIA HIT LIST”: Make a list of RELEVENT media sources and their contact information.  This can be done in an Excel spreadsheet or your e-mail program where you keep lists.

Many years ago when I started compiling my lists, the internet was not a source of information.  I did it the old-fashioned way – I would pick up a newspaper or magazine and I would find out who the editor or journalists were, and add them to my press list.  Now, most of the information you’re seeking can be found online.

Separate your contacts into groups, so that you only send what’s relevant to each group.   Don’t send a story about a local event to someone in another state (or anything obviously irrelevant).  You will quickly be put on their “spam” list and you will kill any chance of them paying attention to future releases.

INDUSTRY LIST:   Since Drew is a surf artist, I focus heavily on the surf and action sports industry publications such as Surfer Magazine, TransWorld Surf, etc.  There are many online news websites in the industry as well, such as Surfline.com.

LOCAL LIST:  Since many newspapers like to write about local people, I also keep a list of relevant journalists and contributors to local newspapers such as the Orange County Register and the SC Times and Sun Coast News.

3.)  WRITE YOUR PRESS RELEASE – There are professional standards to how a press release is written and structured, and you can find help with that online, or you can buy HOW TO BE A PRESS FRIENDLY ARTIST by Tara Reed, where there are sample releases and a lot more information.

Here are a few quick tips:

• Have a compelling title, so that your press release isn’t trashed.
• Keep it to one page, so it’s not trashed.
• Make sure it’s interesting enough, and never ever seem like you’re selling something, so it’s not trashed.
• The overall goal here is this:  Write it so that the editor doesn’t throw away your release!

Writing a release often takes me all day long, no kidding.  I obsess over making it interesting, compelling, well worded and properly written.  But it’s worth the time that I put into it because I always end up getting at least one or two write-ups in the printed media.

You get better and better at writing releases as time goes on.  I’ve gotten good at it, though I’m still not quick.

4.) ATTACH A GOOD, PRO PHOTO – as Tara Reed says, “You want to have print-worthy images.”

We always make it a point to have professional-looking photos at the ready when a reporter calls.  The more your art or your products or your face is printed in the paper, the better.

(You can read more about photographs in my post titled WHY ARTISTS SHOULD SHOOT THEMSELVES.)

5.)  POST YOUR RELEASE TO AN ONLINE DISTRIBUTION SITE: Tara Reed goes into great detail on this in her book.  Basically, an online press release site puts your release on the internet, which can be picked up by search engines.  It’s like putting on public record your announcement, and it stays there, always.

Some of these sites charge for use, and some are free.  I use the free one called PRLOG.Org, which I found through Tara’s book.  I am not opposed to paying for a press release site, I just haven’t found the one I want yet.  I’m still cogitating on that.

6.)  EMAIL YOUR “MEDIA HIT LIST” your release.  Be sure to send it to the media which is relevant.  Then be ready should someone call for an interview or more information.

If you get a call from a writer, jump on it immediately. They work on tight deadlines, and if you don’t respond quick enough, they’ll move onto the next story.

I hope this was helpful.  If so, you can thank me by leaving a comment!  Or, leave a question in the comments.  Either way, I want to know what you’re thinking.

Maria xxoo

*I refer to Tara Reed’s HOW TO BE A PRESS FRIENDLY ARTIST e-book often, as I’ve learned quite a bit from it.  Even though I’ve been doing press releases for over ten years, the rules keep changing!

I highly recommend this 80 page e-book if you want help with:  Properly wording your press release; Understanding of how the online distribution sites work; Samples of press releases; Tips on how to entice the media through headlines, and so much more.  It’s extremely thorough.  (I am an affiliate for the book, which means that if you buy a copy I will receive a small commission.  I only recommend items I find to be of incredible value, and this is one of them.)

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Drew Brophy Art Exhibit at Surf Expo

I have a pet peeve:  Leaving a message for someone and then the  person doesn’t return my call.  Nothing makes me more frustrated!

Have you ever tried making a call to someone you want to do business with, and you just can’t get them to come to the phone? You leave a couple messages, and STILL they won’t call you back. Finally, you give up and assume they don’t want to do business with you.

But, what if you had met them at a trade show? Then, when you called they would be more likely to talk to you, because now it’s personal. You aren’t just a stranger on the end of the wire.  You two have already met – heck, you’re practically friends now!

And that leads me to this question that I often get from my readers:  “Should I spend the money and time to exhibit at a trade show?”

My answer is “YES, if you want someone to pick up the phone when you call them!”

I know many creative entrepreneurs who claim to want to find success, but aren’t willing to make an investment in their own business!

And by investment, I mean, they are reluctant to spend money to make money.

Trade shows can be costly, but they can also catapult your business to success.

If you are in a business where you have something to sell (art, technology, yourself), then yes, you should attend trade shows.

It’s a golden opportunity to meet the people you need to meet.

We live in a global marketplace, and no longer can you survive by doing business just with customers in your own area.

A trade show brings people from all over the world to do business together.

Often other artists will ask me “wow, how did Drew get a deal with Converse” or “how did you guys set up that sweet license with Hinano Tahiti clothing?”

The answer is always this: we knew someone who opened the door for us.  Most of our license deals have came from knowing someone already, or meeting them at a trade show.

If you’re serious about doing what you say you want to do, you have to spend the time and the money to get face-to-face with the people who you want to do business with.

Three reasons to attend a trade show in your intended field:

EDUCATION:  You learn what’s hot, what’s not, and what’s happening in the world of your industry.  You are free to ask people in the same field as you what their opinions are, to help you provide a better offering.

You have conversations where you learn something about the people you want to do business with, that leads to partnerships down the road.

Often there are seminars you can attend to learn new skills.  There’s no better way to get the scoop on what’s happening without being there in the middle of the action.

SHOW OF COMMITMENT:  By exhibiting, you are able to show the value of what you’re offering.  Just by being there, you are demonstrating to possible clients, agents and licensees that you are committed and that you’ll be around awhile.

NETWORKING:  This is the most important aspect of a trade show!  A show gives you the opportunity to rub elbows with manufacturers, agents, sales reps, and anyone else involved in your field.   Most of the big deals we’ve done came from meeting someone at a trade show.

Why?  Because people want to do business with people they have met.  It’s all about trust and who you like, and who likes you.

If you’re hidden away in your studio in the middle of America, you won’t be taken as seriously as you would if you networked at shows.

Here’s just a few of the many deals we’ve made that came directly from exhibiting at Trade Shows:

• Walter Foster signed on to publish our HOW TO DRAW WITH DREW book
• Palisades Skateboards signed on for a complete line of Drew Brophy decks
• Mattel offered us a deal to redesign their “street sharks” line
• Skin-It signed Drew on for a great license for electronic skins
• South Pacific Licensing Agent:  We signed on with an agent who has gotten us many deals in Australia and New Zealand.

Being in the business of surf lifestyle art, many different trade shows apply to us.  We often attend Surf Expo, MAGIC and CHA, because many of our licensees and potential customers are exhibitors there.

We also attend License Show in Las Vegas, though this year we declined because we are shooting the first season of The Paint Shop TV Show.

If you want to create stronger, better partnerships, get out of the safety of your work space and go meet people!

Determine the best trade show for you, and the first year just walk it.  Research what is working for the exhibitors, take notes and ask a lot of questions.  That way when you exhibit the next year, you’ll be ready.

I’ll see you at the next show!

Maria

PS:  I co-wrote the book on Art Licensing Contracts.  Click below for info:

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Recently we had a day of shooting for The Paint Shop.  As a producer, it’s up to me to get releases signed by anyone who is filmed.  But I had so many things to coordinate that it became difficult for me to get it done.

One crewmember said “We could put the sound guy in charge of those things.  He’s good at that.  If you paid him more, maybe he would…”

And it got me thinking.   I’d pay anyone on the team more money if they took the initiative to make my life easier.  I’d happily pay extra just to keep them, if they proved themselves indispensable.

At my last “real job” in the insurance industry, in a previous lifetime, I learned the value and the power of making my boss’ life easier.  I would bring him coffee, enduring the cruel snickering from co-workers.  He was a busy man, and for him to have to get up from his desk to make coffee just didn’t make sense to me.

And though I wasn’t an attorney, I took over the horrible job of insurance contract administration.  No one else in the company would take it on.  After ten years of being in charge of that dreaded task, I became indispensable.

I was the only one in the company who knew how to do it.

So when I decided to leave the country for four months to travel around the world, the boss offered to hold my job open for me.  I had him over a barrel.  He knew that it would take more than four months to train a new person to do the work that I had mastered.

Once you are indispensable, raises and sabbaticals are easy to negotiate.

If you are self-employed, your clients will pay top dollar to keep working with you.

You may be asking yourself “how do I become indispensible?”  I’m glad you asked!

FIVE WAYS TO BE INDISPENSABLE AND EARN MORE PAY:

1. BE A PROBLEM SOLVER:  If you can’t solve an issue for your boss or client, find someone who can.  Never say it can’t be done, just find a way to get it done
2. MASTER SOMETHING:  Take on the projects that no one else wants to do, and master it
3. CARE ABOUT THE WORK:  Take pride in the end result:  wow them!
4. KEEP YOUR COMPLAINTS TO YOURSELF:  If things are difficult, don’t whine to your client or boss.  Just get it done.  Complain to your dog or your girlfriend, but not the person who’s writing your checks.  Which leads me to number 5:
5. MAKE THEIR LIVES EASY:  Make your boss’ or your clients’ life easier.  When you’re on a project, they should know that they don’t have to worry about a thing.  Don’t make them follow up to make sure you got something done.  Just send them a text saying “don’t worry, it’s done!”  For most people, that’s a priceless commodity.

Now that you are indispensible, raise your prices, ask for that promotion or take that sabbatical.   You’ve earned it!

Maria xxoo

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“Don’t let the fear of the time it will take to accomplish something stand in the way of your doing it.  The time will pass anyway; we might just as well put that passing time to the best possible use.”  ~Earl Nightingale

An artist friend sent me this two-part question, which is a GREAT topic to cover:

1.)     Was there ever a point in Drew’s career where he felt like throwing in the towel?  and:

2.)    The impressive companies that he’s worked with on listed on his website; did they come to you or did you seek them out?

You would think that these are two separate topics, but they actually mold into one – stay with me on this article and you’ll see what I mean.

Question #1:  THROWING IN THE TOWEL (QUITTING):

Should you continue on when it gets hard, or do you throw in the towel and quit?

At least once a week I threaten to quit and go get a “real job!”  But then I remember how much I love doing what I do…

Being an entrepreneur can be grueling and exhausting.  Instead of a steady paycheck , you have to hustle to earn your pay.  There are times when business is dry and you have to push through it without freaking out about how you’ll pay your studio rent!

Take for example January and February, the two slowest months for our art business each year.  I used to stress out over the lack of cash flowing in those months, but now that we’ve been at it for over a decade, I’m accustomed to the roller coaster.  I know that everything is going to work out just fine.

There are times that everything goes wrong:  ten out of the ten phone calls you made to prospects were duds, a big deal you were counting on fell through, or a client stiffed you on payment.

These are the things that make us want to “throw in the towel”, call it quits, go get a real job.

But if you can push through the difficult times, and stay on a steady, consistent path, you will come out the other side and find success.

To become known as the expert of your trade takes years of commitment. And even the most successful people have to deal with challenges.  Business isn’t a cake-walk for anyone.

“Perseverance is the hard work you do after you get tired of doing the hard work you already did.”  ~Newt Gingrich

I asked Drew if he ever thought of throwing in the towel (though I knew the answer already!) and he said:

“Have I ever wanted to throw in the towel?  All the time!  Sometimes I think I should have been a landscaper instead.

It’s hard, being an artist.   Most days I have to hustle, like I’m on a treadmill.

But, I love painting for a living.  It pays off in different currencies. I can surf anytime the waves are good.  I travel anytime I want to.  Every morning I get to walk my son to his classroom.  He will always remember that.”

Don’t quit if you LOVE what you’re doing.

As an entrepreneur, you are paid in different currencies;

Time, ability to be creative, and the freedom to design your own life.  (That’s what keeps me going on this path.)

WHEN YOU SHOULD THROW IN THE TOWEL:

It’s time to quit when you really don’t love what you’re doing anymore.  Not meaning that you’re having a bad week; but that your heart isn’t in it anymore.  Or maybe it never was.

This isn’t only good advice for entrepreneurs, but for employees, too.

If you don’t love it, get out.

Question #2:  HOW TO GET BIG NAME CLIENTS FOR YOUR BUSINESS:

Being able to work with great, big clients comes down to these things:

• Great Reputation
• Known for Reliability
• Ability to Solve problems
• Being good at what you do

You reach the status of all of the above by staying on a consistent path.

The better clients, the best paying ones, COME TO YOU when you have a reputation for being reliable and for getting things done, for being great to work with and being damn good at what you do.

You gained this reputation because you’ve been doing it for a long time.  You got good from doing it for a long time.  The reputation came from pleasing many clients for a long time.

You got there because you never threw in the towel.

You kept doing what you do best, and you got better and better at it.

You became known for being the guy (or gal) who does that thing you do, extremely well.

And you got that reputation because you’ve been doing it for so long.

Doing it for so long meant never quitting, even when it got tough.

And that allowed you to get really good, and build up a reputation.

And the big clients come to you like a magnet.

Does that make sense?

In other words, once you become that guy (or gal) who’s got the reputation because you’ve been doing it very well for a long time, the big companies and clients come to you.

Your time spent making phone calls to potential clients is less and less.  Because they’re coming to you.

They come to you because you’ve been at it for a long time.

You never threw in the towel.

You are consistent.

I’m beating a dead horse, but that’s the key to getting big name clients to come to you.

Stay on a consistent path, keep doing that thing you do, and you’ll become great at it and you’ll become known for it.

(And don’t forget how important integrity is…)

Maria xxoo

ARTWORK CREDIT:  The fun, energetic artwork at the top is by my dear friend, artist Al McWhite, who never quit, and is an excellent example of perseverance and “staying on a consistent path”.

“Don’t be discouraged.  It’s often the last key in the bunch that opens the lock.”  ~Author Unknown

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“A verbal contract isn’t worth the paper it’s written on” Samuel Goldwyn

A friend of mine is quite famous in Europe.  He signed an Exclusive contract for with a large company that licensed his art for clothing.  It was a hit in Europe, and fat royalty checks were rolling in.

He made so much money that he got himself a new wife and a nice little mansion on the beach.   For a few good years he lived the high life.

That is until early 2008. One day, the checks just stopped coming.

His European licensee went bankrupt.  The money never returned.  He lost his home.  He was devastated financially.  He had to start over again.

Why didn’t he just sign up with another licensee, you might wonder?  He was very popular – it would have been so easy for him to sign up with a new company and do the same thing.

He legally could NOT do any more work in Europe because of two reasons:  1.)  He inadvertently SOLD his name, trademarks and copyrights to the company that went bankrupt; and 2.) He can’t cancel the contract because it doesn’t have a “get out” clause.

Basically, he signed a bad contract, and it’s cost him everything.  (He admitted to me later that he never bothered to have an attorney look over the lengthy contract the company had him sign.)

Something like this is extremely rare, however, I never want to see this happen to you! So I’ve put together a partial list of Red Flags to look out for in a contract.

DISCLAIMER:  I am not an attorney.  But I do know a lot about art licensing deals.  When I consult artists on deal-making, I share my many years of experience but always advise them to talk to an Art Licensing Attorney for answers on contract law.  This information I share comes from years of negotiating deals with Licensees and clients and working with attorneys.

I’ve put together more deals and contracts in the last ten years than most people ever do in a lifetime.  My experience, mistakes and triumphs with deal-making has enabled me to help others with their contract-anxiety.

Sometimes the hardest part about being a creative entrepreneur is putting together the deals.  There really is no one road-map to follow.  Each contract is different from the other.

But there are a few contract terms and concepts that are the same from deal to deal.

There are certain red flags to look out for in any contract.  There are also necessary terms/clauses that should be in every agreement you sign.

Many companies are using outdated, antiquated language that no longer is used in the real world.  Most of the time they don’t even know WHY something is worded the way it is.

So don’t be shy to tell them that you will sign the contract once they make the changes you require. Literally EVERYTHING is negotiable, especially contract language.

In the end, most of your clients are going to want you to be happy, too.

The contract phase is the most important start to a relationship – it’s where you both draw the line at what you’ll give and what you ask for.

Once you get all of that down on paper, you hopefully never have to look at the contract again!  (And if you do, it usually means trouble.)

Here’s my personal list of RED FLAGS that give me goose bumps:

TRANSFER OF RIGHTS: Unless your business plan includes selling the rights to your art outright (some illustrators do this), NEVER transfer your copyright ownership.  Retain ownership to all your copyrights.  Once you transfer your rights to any image, you can’t get it back.  Not even for that coffee-table book you plan to publish about your work when you’re old.  (Read my post on the Bikini Model who sold all rights to her image and lived to regret it)

REMEDY:  Ask the client to replace the “TRANSFER OF RIGHTS” language to a statement that says the Artist retains all rights to copyright in the artwork.

LONG TERMS:  I’ve seen contracts that have as much as a ten year term!  That’s just too long.  A typical licensing contract is one or two years.  (If you like each other, you can always renew)

REMEDY:  Ask the client to lower the contract to two years.  That is a very reasonable amount of time.

AUTOMATIC RENEW: Some contracts are for a certain period of time, say 2 years, and the term listed in the contract states that it automatically renews for another 2 years unless either party gives 60 day written notice.  (Or something along those lines.)

Who in the world is going to remember to cancel a contract, almost two years into the future? Sure, you can put it on your Google calendar, but what if something goes wrong with that?  Then you’re stuck for another two years without a chance to cancel.

REMEDY:  Ask the client to limit it to a specific time period (ex:  June 1, 2011 to May 31, 2012).  And tell your client “If, at that time, we both want to renew, we can do so with an amendment to the contract.”

WORLDWIDE:  Some companies will want their license to be granted to sell worldwide.  It’s extremely rare that a company sells their product in EVERY COUNTRY IN THE WORLD!  No contract should have the territory of WORLDWIDE unless they’re Coca Cola.

REMEDY:  Ask the client to give you a list of countries where they are already selling the product, and then replace the word “WORLDWIDE” with their list (Example:  “Territory:  North America, Canada and the Virgin Islands.”) This leaves you free to doing a similar deal with a company in other territories.

EXCLUSIVE:   BE AWARE OF THE EXCLUSIVE!

One of my consulting clients showed me a license agreement he was about to sign with a publishing company.  It had a sentence that said that the agreement was Exclusive, World Wide, for all products!

Now, it’s literally impossible for a company to make EVERY SINGLE PRODUCT available, and in EVERY COUNTRY IN THE WORLD! Turns out, this particular company only sells in the U.S., and not in large quantities.

REMEDY:  Ask the client to change the wording to Non-exclusive, and have them specify the actual products that they are making (i.e. canvas art prints or bobble heads or mohair sweaters, etc.).

If my artist had signed this agreement the way they had it worded, it would mean that if a large Australian print company approached him to sell his prints in the South Pacific, he would have to turn them down, and that severely limits his ability to earn more money from his art.

ALWAYS THINK TWICE BEFORE SIGNING AN EXCLUSIVE. It can be extremely limiting.  Often, companies asking for an exclusive don’t even know why they want it.  But it can seriously hurt you and future sales of your art.

*Caveat:  I have this discussion with seasoned artists and some do sign exclusive agreements, for very narrow definitions of product lines. There are exceptions to every rule, and you should just be aware of what you are getting yourself into before signing.

Reasons NOT to sign an Exclusive Agreement:

LOSS OF INCOME TO THE ARTIST:  There’s no guarantee that they’ll do a good job of selling your products and you may not make much from the deal.  In the meantime, you’re not able to go into a deal with anyone else that could be paying you.

Most large companies, experienced in licensing art, understand this concept. When we went into a deal with the huge company Converse, they didn’t even ask for an exclusive.  I find it’s usually the smaller companies that try for the exclusive, not understanding why it’s a bad deal for you.

BANKRUPCY:  Bankrupcy law in the U.S. requires an exclusive agreement to be considered an “asset” of the company who goes bankrupt.  This means that if your Licensee goes bankrupt and stops paying you, you are still held hostage to the exclusive agreement – you aren’t able to cancel the contract and work with any other company. (We once signed on with the 3^rd largest toy company in the U.S. – they went bankrupt 1 month later.  Luckily, we didn’t give in when they insisted on an exclusive.)

In some cases, I’ve had a Licensee STRONGLY insist on an exclusive.  Usually it’s because they don’t want you going to their competitor with the same designs or art.

When a client vehemently opposes a non-exclusive, I ask them a lot of questions to fully understand what their issues are, and then try to find a way to give them what they want while protecting my needs.

In other words, I get creative and find a way to give them what they need to feel secure, while not giving up my ability to earn money elsewhere.

Once we did a deal with a rather large boot company.  They were putting a lot of money into Drew’s program, and wanted assurance that we wouldn’t take the designs to a competitor.  That was a reasonable concern, so to ease their minds, we signed an agreement that specifically stated:  “Non-exclusive.  Artist agrees not to license the designs named in this contract to competing sheep-skin shoe companies for a period of one year.”  We were very specific, which made us happy, and we gave them what they wanted, which made them feel good.  Everyone wins!

TWO GOOD REASONS TO SIGN AN EXCLUSIVE:

1.)  IF THEY ARE PAYING A HANDSOME GUARANTEE:  In the licensing world, a guarantee means that you will be paid a specific minimum dollar amount in royalties, regardless of how many units actually sold.  A guarantee is usually included in a contract that’s exclusive.

Example of a Guarantee: Minimum of $15,000 per quarter is payable to Licensor (the artist).  This Guarantee means that we get paid a minimum of $15,000 (or insert any number you wish) no matter how many products are sold (even if none are sold).

Asking for a guarantee usually inspires the client to change “exclusive” to “non-exclusive” in a hurry.  After all, they don’t want to be on the hook for that much money should the product not sell in the marketplace.

And on our end, we don’t want to be tied to an exclusive contract should the Licensee not sell large quantities.

2.)  IF THERE ARE SPECIFIC LIMITS IN THE CONTRACT:

If you agree to an exclusive, you should very narrowly limit the following:

• The term should be as short as possible (i.e. one year)
• The Product should be as specific as possible (i.e. Long sleeve sweaters made of mohair)
• The Territory should be very specific (i.e. East Coast of North America – or wherever they are actually selling)

WHY?  Because the more specific you are, the freer you are to go into other deals.  After all, you’re in this to make money, right?  You don’t want to tie up your possible income streams by giving an exclusive for items or a territory that a company isn’t even engaged in.

NECESSITIES IN A CONTRACT:

If there’s one important thing in a contract for you to know about, it’s this:

Always have a “GET OUT” Clause. Now, I’m not sure if “get out” clause is the proper name, but it’s what I call a way out of a contract.

The “get out” clause should allow you to cancel the contract with a thirty day notice for the following reasons:

• The product is not sold in commercially sufficient amounts (thus you aren’t making enough money)
• The Licensee sells their company (you don’t know the new owners – you can always sign on with them later)
• The Licensee has not paid you on time or at all
• The Licensee has been seen in poor light in the publics eye (i.e. Toyota with their failed brakes)
• The Licensee breaches the contract in any way (i.e. they don’t pay you on time)

The most important one, though, is the first one.  If they aren’t paying you enough, it’s a good reason to cancel the contract.

APPROVAL OF PRODUCT: The artist should always require that they give approval of the samples of the product before it’s made available to public.

SAMPLES:  Artist gets samples (you choose how many) of each product produced.  They should be shipped directly to the artist – shipping paid for by licensee.

SIGNATURE:  Artists’ signature and/or logo should legibly appear on each product and packaging, in a manner required by the artist.  (Spell out how you want it to look)

There is so much more, but these are the first things I think about when looking over a contract or license agreement.

I hope this is helpful, and please print this out and save it for the future, should you find yourself in the position of having to navigate a licensing contract.

My number one advice, though, is this: Hire an attorney that specializes in Art Licensing (do NOT hire Uncle Bob who does business contracts) – and have an art licensing template made up for yourself.  It will cost you about $500 – $1,000 initially, but once you have it, you can use that template again and again for all of your licensing deals.  In the long run, it will save you time and money.  You MUST invest in yourself if you are going to find success!

If you have ANY deal-making or contract questions AT ALL, ask me in the comments please.  I’ll do my best to answer.

Here’s to our success!

Maria xxoo

PS:  I provide consulting for artists and I specialize in deal-making and navigating art licensing.  For more information, click on my consulting page.

My goal is to help each of my artist clients to learn to feel confident with deal-making and going into contracts.

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Drew is painting me a Buddha.  I’ve waited a year, but since I’m not a paying client, it always gets put to the side!

This week, he’s finally drawn up the sketch, which means he’s close to starting the painting.

The Buddha painting is symbolic to the peace that we both needed to cultivate, following up to a very stressful situation that we’ve just survived.

A long-time client had asked for artwork for a program they do each year.  They specifically requested a scene with Neptune, that mythical God of the Sea.

“We could have fun with that one“, we thought!  Neptune is a powerful figure, and Drew loves painting ocean scenes.

Drew did the work painting his depiction of Neptune on canvas, and we were both pleased with the outcome.

But then the unthinkable occurred.

A bump in the road that rarely happens.  I mean, I can’t remember the last time it did happen, or if it ever has happened – where a client came to us AFTER the work was done and said “I don’t like it.”

There are safeguards set in place to avoid this heart-break.

We always sit down with the client and Drew sketches out their ideas or what they want, right there in front of them (or over the phone).  Once he’s confident of the concept that they want, he cleans up the sketch and then emails it to them for approval.

Nothing gets painted without prior approval.  That’s how we avoid someone coming back and saying “I don’t like it.”

But this time, things were different.  Turns out the client we have worked with for many, many years, whom we have a great relationship with (still), was told by his boss, “Al” not to use the art, AFTER it was painted.

Al vetoed the artwork because he didn’t like the Neptune.    So he asked us to remove  Neptune from the image.  We were extremely reluctant.

Drew and I both agonized over how we would keep the integrity of the artwork while at the same time, keeping a good relationship with a longtime client.

Relationships are everything to us.  We weighed the pros and cons.  We drank a bottle of wine over it.  We argued amongst ourselves.

Finally, we decided to do as they asked.  Drew pulled Neptune out.  Hours of playing in Photoshop and he somehow figured out how to remove the main focal point of the painting and still keep the composition intact.  It was actually amazing that he was able to pull it off.

Al still didn’t like it.  Could we make the shark look friendlier, the octopus not so…ummm, something?

Four more hours and Drew changed those two things, too.

And still, Al didn’t like it.  So we had to call it quits at that point.  It was devastating and exhausting and stressful.  They still paid for it because we put in the time.

But that roller coaster is something we never want to go through again, ever.

To give myself control over any situation that goes wrong, I always look at myself and ask “what could I have done to avoid this?”  and “What can I do to avoid this from happening in the future?”

And the answer is, sometimes you just can’t please ‘em all.  You have to let it go.   And you have to just chalk it all up to a learning experience.

Oh, and learn to feel okay about it.  Sometimes things just don’t work out, and we don’t understand why.  We just have to roll with it.  (And be sure to always get a non-refundable deposit up front.)

Last night Drew brought home my Buddha sketch.

“What do you think?”  He asked, looking for approval to move to the painting phase.

I mulled over the sketch, noticing that my Buddha has muscles (I liked that) and  the symbolism included in the drawing.

After three long minutes, I said “I love it!  But….

Drew braced himself for the criticism that usually follows the word “but”;

I continued “What if Al doesn’t like it?”  We both burst out laughing, and a new phrase has been coined.

We had weathered another storm.  The Buddha made us laugh.  And all is well with the world again.

Here’s to living and learning and the awesome roller coaster of life –

Maria xxoo

**In the comments below, please share your experiences and solutions you’ve found when a client didn’t like your work…

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PS:  The painting of NEPTUNE is featured in Episode 3 of our new TV show THE PAINT SHOP WITH DREW BROPHY.  You can watch the entire episode now!

PPS:  NEPTUNE original painting sold but you can order your Giclee Print on Canvas in the Drew Brophy STORE!

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One of the best ways to create your own success is to emulate someone else who’s already done it. Study them and their formula.  Then put it to work for yourself.

I’m going to share with you an inspirational story and formula of an artist who started with nothing and now is quickly rising to the top.

If you want the basic formula for success as a creative person, keep reading. The indented colored text is my take on the success principles that this artist has employed.

(I first wrote this article for FIND ART Magazine last summer.  This is the long version, before FIND ART edited it.)

If you haven’t heard of Live Painting Artist Michael Pukac yet, trust me, you will.  His art is striking, but it’s his fearlessness that’s sealed the deal on his success.  Fear of failure has never stopped Pukac from going for his dream.

Pukac (pronounced “Poo-Khash) had me at “hello” and it wasn’t because he is Slavic (me to), or that he is part 1 of 2 parts of a power couple (me to), or that he would rather travel the world than have money in the bank (me too);

I am smitten with Pukac because he never gave up on his art career, even when he failed his first go around.  Now he is quickly becoming the hot new darling of the Los Angeles art scene.

And that’s a message I give to every artist who ever asks me about finding success in art.  Don’t let failure make you quit.  Pick yourself up, dust yourself off, and try again.

Pukac made the big, scary move from Alabama to Los Angeles the first time in 2005.  Things didn’t quite work out for him, though.  He endured a year of hardship before returning back to the East Coast.  He wasn’t yet ready for the big city- he needed more money and time.  But he didn’t give up on the dream.

Never give up on what you want.

Two years later a deal to create illustrations for a children’s book series came to him.  This earned him enough money to return to Los Angeles and give it a second try.  This time, he was armed with his right-brained girlfriend and manager Dicapria.

If you fall down, dust yourself off and try it again.

Living in Los Angeles has been a whirlwind for Pukac.  With Dicapria’s help, he evolved from struggling artist to having his art fully support both of them in just three years.    Each week he not only performs “live paintings” two or three times, but he also averages two new exhibit openings as well.  He’s a busy guy.

Do the hard work it takes to be successful.

From the very beginning, Pukac made sure that no matter what he did for money, it involved painting.  He explained, “My rule was to live by the paintbrush.  You can’t ever think ‘I’m too good for that.”

Pucak would accept any job that involved painting, even sign painting.  Now, he has the stature to be able to paint what he chooses.

Commit to your craft.  Do what you want to be doing.  It’s what you do each day that defines who you are.

Finding his footing in Los Angeles took planning and a lot of work.

Pukac said “In Los Angeles you have to have your game plan together to be able to live off of your art.”

He knew that he wanted to hit the gallery scene hard, but there was a catch.  He needed a platform to allow him to do it.

This is a problem that most creative people struggle with; figuring out “HOW”.  There’s no one perfect roadmap to success for art.

But there’s also a common mistake that many artists make.  They turn away opportunity when it’s presented to them. This is because they don’t see that their prayers are being answered, because often opportunity doesn’t show up looking like they imagined it would.  It comes disguised as something else.

But Pukac was open to the unexpected.  The answer to his problem of HOW to tap into the LA art scene came to him by accident when he discovered “live painting”.

He said that once he started doing live paintings, he realized that he was born to do this.  “It was the best thing that ever happened to my career.”

Be open to new ideas; you might just figure out something you should have been doing all along.

Another reason for the strong interest in his work is that Pukac’s style is fresh on the West Coast.  Los Angeles is known for having too many artists painting that ‘doe-eyed’ look and curators are tiring of it.

“I came out here and realized that no one’s work looks like mine.  Here in Los Angeles, they LOVE different.  That’s why I feel so at home in the gallery scene here.”

Have your own thing.  Do something different from everyone else.

Pukac is a visionary.  Ask him what his plans are for the next 15 years and he’ll tell you, broken down in three-year increments.  He plans on spending three more years in Los Angeles and then moving to New York for five years.  After that, he’ll move to Prague.  He has been planning his life out from the beginning. And it’s worked for him.

Plan what you want to do for the year, five years, ten years, and your life.

Extremely prolific, Michael finishes more paintings in a week than most artists do in a year. “I’ll do three paintings in four hours,” Michael says of his live painting performances.

He’s dedicated, working six days a week and often seven.   He will work on 25 paintings at a time, spending 15 minutes on each before methodically moving onto the next.  “It’s very, very efficient,” he explained.  “I have to keep that momentum up.”

Volume is substance.  Pump out the work.

Pukac’s paintings defy logic.  He gets a kick out of painting flawed scenarios, such as a woman suspended by hot air balloons which are supported by candles.  Pukac laughs, “it’s going to be a short trip!”

He borrows from serious classical pieces then adds his own humorous, clever twist.  His artists’ statement describes his paintings as “…playful – heartfelt yet irrational.  They are like romantic absurdities or well-spoken riddles with no answer…” He’s well-read and brilliant, and his paintings reflect his intellect.

I asked Pukac if he paints fast.  He answered, “Mother Nature doesn’t spend time testing before a release.  I paint the way that nature works, fast and without worry.  Quality is inevitable.”

Pukac listens to books on tape while painting.  “You can’t always listen to music,” he explains.  “I do a lot of research on other artists.”  He just finished listening to THE HISTORY OF THE SISTINE CHAPEL and now is onto lighter subjects with ONLY COWGIRLS GET THE BLUES by Tom Robbins.

Keep educating yourself

Here are a few revealing questions I asked Pukac:

WHEN DID YOU REALIZE YOU COULD MAKE MONEY FROM YOUR ART?  “As a kid, in fourth grade, I sold drawings of nudies for .50 cents to the older kids on the school bus.”  (He was a born entrepreneur!)

DID YOUR PARENTS SUPPORT YOUR DESIRE TO BE AN ARTIST?  “It kind of was always there.  One way my parents kept me busy was by just giving me a pencil.  I was obsessed.  When I got out of college, they asked ‘what are you gonna do?’  ‘What do you mean what am I gonna do?’ I said.  There was no other option.  They fully supported it.”

HOW DO YOU START YOUR DAY?  “My first hour of waking up is devoted drawing sketches – bizarre, evil lollipops and vaginas, things that have nothing to do with my work.”

WHY DO YOU THINK THAT SOME PEOPLE HAVE TROUBLE EARNING A FULL TIME LIVING FROM ART?  “They have to go through a stage of doing it even though they hate it.  I don’t think a lot of artists are willing to go through the starving period.  It took me two years.”

WHAT’S THE WORST ADVICE YOU EVER GOT?  “If you just put more dogs in your paintings, you’ll sell more!”

DO YOU BELIEVE IN THE LAW OF ATTRACTION?  “It happens again and again and again.  My whole career has been just the right person showing up at just the right time.”

ARE YOU LIVING YOUR DREAM?  “Yeah.  Every day I wake up so stoked.  To work for myself is awesome.   Some days I complain that I haven’t had a day off in two months.  But then I remember that I’m lucky.”

ARE YOU SUCCESSFUL?  “Yes. (pause)  No.  I’m happy, but I have a goal in mind and I’m on that path.”

“I’m still running that marathon.”

Please, share in the comments below what you get out of Michael Pukac’s story!

Maria xxoo

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