dream • design • achieve
Ownership of Copyright/Copyright License
1. The copyright for any artwork and illustrations commissioned by the Client shall be retained by the Illustrator, unless otherwise agreed in writing and payment for transfer of copyright agreed and received in full.
2. The Client or the Client’s customer (where the Client is acting as an intermediary) is granted a license to reproduce the artwork solely for the purposes set out in the acceptance of commission. The Client is granted an exclusive license for the agreed usage in the United Kingdom only unless otherwise negotiated.
3. For the duration of the license 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.
4. Where use of the artwork is restricted, the Illustrator will nominally grant the Client or the Client’s customer a license 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.
5. The license hereby granted to use the artwork is contingent upon the Illustrator having received payment in full of all monies due, and no reproduction or publication rights are granted until all sums due have been paid.
6. The license 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.
7. The Client shall pay all invoices within 30 days of their receipt.
8. In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator.
9. The Illustrator shall endeavour to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity.
10. The illustrator shall not be liable for any consequential loss or damages arising from late delivery of the artwork.
11. 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 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
12. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
(i) 25% 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.
13. 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.
14. 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.
Ownership of Artwork
15. The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
16. 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.
17. The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless indicated.
18. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity.
19. Unless otherwise agreed, the Illustrator shall be entitled to receive two proofs or printed copies of the work.
20. 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.
All images on this website are ©copyright Lizzie Barrand. No images may be reproduced by any means without prior consent. Please use contact form for any image usage requests, or email email@example.com
dream • design • achieve
©Copyright Lizzie Barrand 2013