Copyright is the 'right to reproduce' an original piece of work that has been created for oneself or for a commission. Copyright is automatic to a freelance artist and does not need to be registered. The copyright for a piece of artwork will also remain the property of the creator for 70 years, so long as he/she does not sell his/her rights to that piece of work. Copyright is separate to and independent of ownership of the actual artwork. A commissioner of an illustration does not automatically own the piece of artwork, nor does the person who buys an illustration own the copyright, i.e. the right to reproduce it. Copyright can only be transferred in writing. All original artwork must therefore be returned to me within a reasonable period of time after it has been used. The illustrations I produce are assigned a license for specific reproduction rights. For example a monthly magazine illustration would be given the rights to use the illustration for one month from the date of publication. Copyright of my illustrations is not normally assigned. If however a client insists on owning the copyright to that artwork, then the price for the job should be multiplied by a factor of seven to arrive at the fee.
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Full terms and conditions detailing the terms of the licence will be sent e-mailed or faxed to the client upon receiving a commission. The terms include some of the following: 1. The copyright in artwork commissioned by the Client shall be retained by the Illustrator. 2. The Client shall pay all invoices within 30 days of their receipt. 3. If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows: 1) 25% of the agreed fee if the commission is cancelled before delivery of roughs; 2) 33% of the agreed fee if the commission is cancelled at the rough stage; 3) 100% of the agreed fee if the commission is cancelled on the delivery of artwork 4. In the event of cancellation, ownership of all rights granted under the agreement shall revert to the Illustrator unless the artwork is based on the Client's visual or otherwise agreed. 5. 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. 6. The Illustrator shall retain ownership of all artwork delivered to the Client. 7. The Client shall ensure the Illustrator is credited in any editorial use of the artwork. 8. Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work. 9. The Illustrator has the right to use the work for self-promotion. 10. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties involved submit to the non-exclusive jurisdiction of the English Courts.
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