The small print…
Below are my terms of business for illustration projects. Please let me know if you have any concerns about any of these points when commissioning an illustration project, and we can arrange a solution for you.
Ownership of Copyright / Copyright Licence
The copyright in artwork commissioned by the Client shall be retained by the Illustrator.
The Client or the Client’s customer (where the Client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out in an emailed acceptance of commission. If the acceptance of commission is silent, the Client or the Client’s customer is granted an exclusive licence for one time use in the Client’s country only.
During the currency of the licence the Illustrator shall notify the Client of any proposed exploitation of the artwork for purposes other than self-promotion and the Client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to the business of the Client or the Client’s customer.
Where use of the artwork is restricted, the Illustrator will nominally grant the Client or the Client’s customer a licence for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between the Illustrator and Client.
The licence hereby granted to use the artwork is contingent upon the Illustrator having received payment in full of all monies due to her/him and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid.
The licence hereby granted is personal to the Client or the Client’s customer (where the Client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without the Illustrator’s consent.
If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(i) 25% of the agreed fee if the commission is cancelled before delivery of roughs;
(ii) 33% of the agreed fee if the commission is cancelled at the rough stage:
(iii) 100% of the agreed fee if the commission is cancelled on the delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.
The Illustrator shall use his best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of the Illustrator falling to meet the agreed date.
THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 10 business days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
Approval / Rejection
Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
(i) 10% of the agreed fee if the artwork is rejected at the rough stage.
(ii) 50% of the agreed fee if the artwork is rejected on delivery.
In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.
If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
The Client shall pay all invoices within 30 days of their receipt.
Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.
The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Client or its customer.
Ownership of Artwork
The Illustrator shall retain ownership of all original artwork (including roughs and other materials) delivered to the Client.
Credits / Moral Rights
The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless so indicated in writing.
The moral rights of the Illustrator are asserted. No modifications, changes or alterations may be made to Illustrator’s work or any part thereof, directly or indirectly, without the Illustrator’s prior written consent.
Unless otherwise agreed, the Illustrator shall be entitled to receive a minimum of two proofs or printed copies of the work.