Illustration Contract Boilerplate

This is the text of the standard contract that Fireside uses for buying artwork, available for reference. While this is our starting point, individual contracts may differ, depending on the particular terms reached with each Artist.

This Agreement was last updated on April 14, 2017.

Summary

This agreement is made between Fireside Fiction Company (or ‘Fireside’), and [Artist Name], located at [Artist address], with Social Security or Tax ID number [Artist's SS number or Tax ID number] (or ‘the Artist’), for the creation of a piece of artwork (or ‘the Illustration’), to be published on the Fireside Magazine website in ebook editions of Fireside Magazine, and related promotional material.

Description

The Illustration should pertain to the story [Title of the Story] by [Author Name] (‘the Story’), and should take into account any guidance articulated by the art director. The final Illustration should be in color, and the size should measure 3200px wide by 1800px tall, and should take into consideration the safe space defined in the template file provided. Final delivery should be a PNG file, with the filename ‘the-full-title-of-the-story.png’

Schedule

Project Milestones

  • Thumbnails and/or pencils are due to Fireside by [Due date]
  • Feedback from Fireside is due to the Artist by [Due date]
  • Final delivery of illustration to Fireside, accompanied by the Artist’s invoice, is due by [Due date]

The delivery of the final files by the Artist is contingent upon payment of fee in full by Fireside.

Pause Clause

If a deliverable from Fireside—such as feedback, approvals, or payment—is late more than 3 business days, the project will be considered “on hold.” That means that all work stops. Once the deliverable in question is received, the project is re-activated, but it will be rescheduled based on the Artist’s current workload and availability. Just to say it loud and clear, it could be weeks to get Fireside back in the Artist’s schedule if the project is put on hold.

Acceptance:

The Illustration will be considered accepted after revisions have been approved by the Artist and by Fireside.

Exclusivity:

The Artist agrees not to publish or permit others to publish the Illustration in any form prior to the Illustration’s publication in Fireside Magazine and for a period of six (6) months after the Illustration’s publication in Fireside Magazine, unless the Artist obtains Fireside’s prior written approval.

Exclusivity Exception:

The Artist reserves the right to publish the Illustration at any time after publication, on their own website, or in any other venue for self-promotional use, as part of their portfolio of work, or to enter the artwork into ‘best of’ anthologies or competitions.

Payment

In consideration for the rights granted by the Artist to Fireside, and the Artist’s performance of obligations under this Agreement, the Artist will receive a payment in the sum of USD $400.00, which will be paid immediately upon acceptance of the Illustration.

Fireside’s right to use the Illustration is conditioned upon receipt of payment, and upon Fireside’s compliance with the terms of this agreement.

Payment will be made via the Artist’s preferred payment method, within reason. Fireside is not responsible for fees associated with an Artist’s preferred payment method, such as bank transfer fees or PayPal fees.

Copyrights and Usage

The Artist grants to Fireside non-exclusive, non-assignable, and non-transferable worldwide rights to reproduce the Illustration on the Fireside Magazine website and in ebook editions of Fireside Magazine, as a companion piece to the Story.

The Artist also grants Fireside the right to use the Illustration for promotional and marketing purposes related to the Story, in perpetuity.

The Artist also grants to Fireside rights to republish the Illustration in an anthology of stories that have previously appeared in Fireside Magazine, whether in print or ebook editions, in perpetuity.

The Artist further grants Fireside a nonexclusive, non-assignable, and non-transferable license to archive the Illustration online and the non-exclusive right to reproduce and display the Illustration, or excerpts of the Illustration, on the Fireside Magazine website, for a period of at least thirty-six (36) months. After thirty-six (36) months, the Artist may withdraw all rights from Fireside, provided the Artist requests it via written notice.

Ownership all original art remains with the Artist.

Terms

Reservation of rights:

All rights not expressly granted above are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

Revisions:

Revisions may be made only by the Artist at the sketch stage. Additional fees will be charged for revisions made outside the scope of the schedule outlined above, after delivery of the final artwork, and for revisions reflecting a new direction to the assignment, or new conceptual input.

Cancellation and Kill Fee:

Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due immediately upon notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation all rights to the art revert to the Artist and all original art must be returned, including sketches, comps, or other preliminary materials.

Original Work:

The Artist represents and warrants that they are the sole Artist of the Illustration; that they are the owner of all the rights granted to Fireside hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Illustration is original and any prior publication of the Illustration in whole or in part has been fully disclosed to Fireside; that the Illustration does not violate the right of privacy of any person; that, to the best of the Artist’s knowledge, it is not libelous and contains no matter which is libelous, in violation of any right of privacy, harmful to any third party so as to subject Fireside to liability or cause Fireside to engage in conduct that would be contrary to law; that it does not infringe upon any copyright, trademark, or upon any other proprietary or personal right of any person, firm, or corporation, and that the Artist is unaware of any such pending claims. The Artist agrees to promptly notify Fireside should a claim for any of the aforementioned be made against the Artist.

Original Art:

Original art remains the property of the Artist unless expressed in the agreement. Fireside is responsible for return of any physical original art in undamaged condition within 30 days of first reproduction.

Permissions and Releases:

The Artist will indemnify Fireside against any loss, injury, or damage finally sustained (including any legal costs, attorney’s fees, and expenses paid by Fireside) occasioned to Fireside in connection with or in consequence or any breach of this representation and warranty.

Additional Expenses:

If Fireside does not provide a courier/shipping number, any shipping charges will be added to the final invoice. Fireside agrees to reimburse Artist for the following expenses: Messengers; Travel; Proofs; etc. The Artist must obtain written approval from Fireside for any estimated expenses ahead of time.

Rights Reversion:

If Fireside fails to publish the Illustration within 24 months of the date of this agreement, all rights granted hereunder shall immediately revert to the Artist. In such event, the Artist shall retain any payments made under this agreement prior to such reversion.

Credit and Copies:

A credit line suitable to the design of the page will be used. Credit line is required independent of the Artist’s signature, which shall be included at the Artist’s discretion. The Artist will be credited as [Artist's Preferred Working Name].

The Dotted Line

Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of Massachusetts.

Each party acknowledges that they have read and understood this agreement before execution. This agreement shall be considered in effect upon signing by the Artist or Artist’s agent and the publisher of Fireside.


[Artist or Artist's Agent], on behalf of [Artist Name]
Date:


Art Director, Fireside Fiction Company
Date: