OWNERSHIP OF COPYRIGHT / COPYRIGHT LICENCE
The copyright in the Work, including all preparatory designs for the Work which includes but is not limited to sketches, graphic works, project development and production drawings, models, characters, prototypes and other matters (“Artwork”), commissioned by the Commissioner shall be retained by the Illustrator.
The Commissioner or the Client (where the Commissioner is acting as an intermediary) is granted a licence solely as specified and for the specific usages.
For the avoidance of doubt, the Illustrator shall have the right to use the Work and Artwork for the purpose of self-promotion, unless both parties agree otherwise in writing.
The licence hereby granted is conditional upon the Illustrator having received payment in full of all monies due.
The licence hereby granted is personal to the Commissioner or the Client (where the Commissioner is acting as an intermediary) and the rights may not be assigned or sublicensed to any third parties without the Illustrator’s prior written consent.
The Commissioner accepts that the use of the Work and Artwork is restricted as specified in the license. Further use of the Work or Artwork is subject to an additional licence to be granted by the Illustrator. Both parties shall negotiate the terms of the additional licence in good faith.
GUARANTEES
Except where Artwork is based on reference material or visuals supplied by the Commissioner or where otherwise agreed, the Illustrator guarantees that the Artwork is original and does not infringe any existing copyright.
The Commissioner guarantees that any necessary permissions have been obtained for the use of reference material or visuals supplied by the Commissioner or the Client and undertakes to keep the Illustrator fully and effectively indemnified against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Commissioner or the Client.
SOURCE FILES
Deliverables do not include original source files but only files in the format as specified in the Work definition. It shall be at the Illustrator’s discretion to make original source files available to the Commissioner on request for a mutually agreed fee. Usage of source files should only be used for the specific project and elements should not be taken and reused in other areas without agreement from the illustrator.
ORIGINAL ARTWORK
The original Artwork shall not be intentionally destroyed, altered, retouched, modified or changed in any way whatsoever without the written consent of the illustrator.
Where hard copy original Artworks are supplied the Commissioner shall return all Artwork to the illustrator not later than 3 months after delivery in undamaged, unaltered and unretouched condition. The Commissioner may make and retain copies to enable it to exploit the rights granted with the
CREDITS / MORAL RIGHTS
The Commissioner shall ensure the Illustrator is credited in any use of the Work, including but not limited to social media promotion, online portfolio, and printed material.