– I remain as the owner of the copyright for my illustrations, when The Client «buy» an illustration, I provide a «permit» to use it for an agreed purpose and in an agreed period of time.
– 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 has the responsibility of credit me for the work and proportionate my contact data, even when the commercial rights don’t belong to me anymore.
– The Illustrator’s original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator.
If The Client wants a «commercial permit», it has an additional price and a renew period of time to extend it.
– When The Client requires an «exclusive» license to avoid anyone else to use the illustration, there would be a different deal (copyright). Until so, I might still use the illustration for my own self-promotion and I can sell the original.
– If there is any selling of my artwork by any medium without a commercial license or copyright, The Client must give me a 15% – 80% (depending on the exposure) of each sell every month until the period of the license expires.
If The Client has the intention to sell the work, there is two types of permits The Client would be able to ask.
– License: It grants the right to use the piece commercially for a set period of time in a specific piece. Once the agreement expires, the license has to be renewed. I can still sell licenses for the same piece to others. (Price starts with 20-50% of the value of the piece)
– Copyright: It means you are buying the commercial rights of the piece and the exclusivity on them. Ownership of copyright does not mean ownership of artwork. It means I can’t use the image commercially but I still can use it for exposure purposes.
Payment of the copyright is negotiable and it starts with 100% of the value of the piece. It includes the main files (.psd, .ai, .eps) or the originals (an extra 50% if they are traditional pieces + shipping) and it will increase depending on the audience exposure.
There will be a sign of a document only when the full payment is done.
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 on the front of the form.
The licence hereby granted is personal to the Client and the rights may not be assigned or sub-licensed to third parties without the Illustrator’s consent.
For first time clients working on writing or game dev whom are self-publishers, the first 2 year license comes with the project if the price of the project are equal or higher than 600USD.
The Client has the following responsibilities to be sure the design is going in the right path:
– To provide all the information required and requested.
– To provide the correct information. I will take no responsibility if the given information is incorrect or misspelled.
– To pay the fee of the shipping for original pieces if it applies. Price of shipping will be calculated at the beggining but should be paid at the end of the process and the price can vary depending on shipping holder and currency.
– Unless otherwise agreed, the Illustrator shall be entitled to receive not less than two proofs or printed copies of the work.
– 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.
No matter if the upfront payment has been made, the time process starts when both aspects, payment and data are on my hands.
The client has the right to make 3 revisions and adjustments through all the process, starting with the sketch. An extra correction beyond the established ones will represent an additional 10% fee each.
If during the process, one of the revisions suggest to change drastically the illustration beyond the agreement, I can add a new price depending on the complexity and, when agreed, full payment of the difference must be covered to continue.
To start a project/commission, full payment must be done upfront to close the deal. The payment can be done through TransferWise.
Every piece made traditionally and with shipping intentions has to be paid via TransferWise.
Discounts that does not stack between them: Promotion Seasons, Bulk Discounts, Special Discounts, etc.
There is a 10% discount for bulk commissions when The Client asks for more than 10 pieces and 20% if The Client asks for 30 or more. This discount is only available with a full payment upfront and each piece must cost more than 100USD or the pieces cover a minimum price of 1000USD.
Bulk commissions must be paid upfront via TransferWise.
If there is a negotiation where the project/commission has more than 2 payment milestones and one of those payments are delayed, I can completely stop the work until the payment is made. Negotiations of milestones are made only if the project has a price over 1000USD.
If 15 days had passed, a 5% «delayed payment» fee will be charged. 5% will be added upon each recurring 15 days period until the full amount has been received.
If The Client wants to prematurely terminate the commission, there will be a cancellation fee:
If that happens without any progress but payment has been sent, a 10% fee will be charged.
If there is a 10% – 50% progress, there would be a 50% fee.
If there is a 51% – 100% progress, there’s no refund.
In the event of cancellation, ownership of commercial rights will not be granted under this Agreement unless otherwise agreed.
I reserve the right to change percentages and terms for any projects if necessary to get an agreement.
A document containing the above terms and and conditions will be supplied if the project ascend to 200USD of more. Acceptance should be stated in an e-mail reply to firstname.lastname@example.org
For those who are able to spare a little extra cash every month, I do have a Patreon page! This is a great way to support my work with smaller donations each month and helps my achieve my dream of living from my personal work.