Jump to Illustrated Covers: Terms and Conditions

STOCK IMAGE-BASED COVERS: TERMS AND CONDITIONS

Ownership of Copyright/Copyright Licence

The copyright in the artwork/cover design (referred to as the “artwork” from this point on) commissioned by the Client [You] shall be retained by the Illustrator [Me].

You, or your customer (where you are acting as an intermediary), are granted a licence to reproduce the artwork solely for the purposes set out on the first page of this acceptance of commission.

If the first page of this acceptance of commission does not specify what licence you have been granted then you are granted an exclusive licence for one time use in the United Kingdom only. 

Where the cover design incorporates stock photographs or images, the copyright in that individual photograph or image is retained by the original photographer/designer, and has been licenced by me to create this cover design. You are granted a sublicence to use that photograph or image as part of the cover design only. You are not permitted to extract any individual element from the cover design to be used for any other purpose.

While your licence is active, I will notify you if I want to make use of the artwork for any purpose other than self-promotion. You have the right to make reasonable objections if the use I am proposing is likely to be detrimental to you or your business.

If the first page of this acceptance of commission states that your use of the artwork is restricted (for example, if it states that you are only allowed to use it for an ebook), then I nominally grant you, or your customer, a licence to use the artwork for other purposes subject to payment of a further fee. That fee will be in line with current licensing rates to be mutually agreed at the time of your request.  In other words, I agree that I will allow you to extend your licence to other types of use (for example, to extend your licence to allow you to use the cover design on a paperback) on receipt of the appropriate fee.

The licence only comes into effect once I have received payment in full of all monies due to me. Until you have paid me in full you are not granted any reproduction or publication rights.

The licence is personal to you, or your customer (where you are acting as an intermediary), and the rights may not be assigned or sub-licensed to anyone else without my consent.  

Generative AI

The artwork has not been created using a generative AI art programme and does not contain any generative AI art elements.

While every effort has been made to source stock images that have not been created using a generative AI art programme, these are not always labelled as such on stock image sites. As such, I cannot guarantee that the design does not include elements created using a generative AI art programme.

Usage limits

The licence allows you to use the cover design multiple times. One use of the cover design occurs each time an ebook is downloaded or a print copy printed. The maximum number of uses granted by the licence is set out on the first page of this commission document.

The maximum number of print copy uses is calculated using all print formats (for example, the total number of printed copies of both paperback and hardback versions of your book).

Payment

I will send you an invoice for this work. You will pay all invoices within 30 days of their receipt or by the stated due date.

If I don’t receive payment within 30 days (or by the stated due date) then I will apply interest at a rate of 2% per month to any unpaid balance. 

Cancellation

If you cancel this commission after paying your deposit then you will pay a cancellation fee of 50% of the agreed fee. In other words, if you cancel after I have begun work then your deposit payment will not be returned to you and you will have nothing further to pay.

If you cancel this commission, ownership of all rights granted under this agreement shall revert to me unless the artwork/design is based on your visuals or unless we have agreed otherwise.  

Delivery

I will use my best endeavours to deliver the artwork to you by the agreed date. If I anticipate any delay then I will notify you at the first opportunity. If this happens then you may (unless the delay is your fault) make time of the essence and cancel the commission without payment (in the event that I fail to meet the agreed date). 

I WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.

When I deliver the artwork you will make an immediate objection if the artwork is not in accordance with the brief. If you do not make an objection within 21 days of delivery of the artwork then it will be conclusively presumed that the artwork is acceptable.  

Approval/Rejection

If the artwork fails to satisfy, you may reject the artwork upon payment of a rejection fee of 50% of the agreed fee. In other words, if you reject the final artwork then your deposit payment will not be returned to you and you will have nothing further to pay.

If you reject the artwork, ownership of all rights granted under this agreement shall revert to me unless the artwork/design is based on your visuals or unless we have agreed otherwise.  

Changes

If you change the brief and require subsequent changes, additions or variations, I may require additional payment for that work. I may refuse to carry out changes, additions or variations which substantially change the nature of the commission.

Warranties

Except where artwork is based on reference material or visuals supplied by you or where otherwise agreed, I warrant that the artwork is original and does not infringe any existing copyright. Please be aware that the individual elements within the cover design (such as stock photographs) are not original and are non-exclusive, meaning that they can be used by other designers to make book covers or other artwork.

I further warrant that I have not used the artwork elsewhere.

You warrant that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by you or your customer and shall indemnify me against any and all claims and expenses including reasonable legal fees arising from my use of any materials provided by you or your customer.  

Credits/Moral Rights

Credit for use of the artwork is appreciated but is not required.

I hereby waive the right to injunctive relief for breaches of the right of integrity and the right of paternity.

Notices

All notices shall be sent to me and to you at the email and/or postal addresses established for communication under this agreement. My contact details can always be found at www.jonstubbington.com/contact/

You and I must give written notification of any change of address to the other person before changing our contact address.

Governing Law

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 hereto submit to the non-exclusive jurisdiction of the English Courts. 

ILLUSTRATED COVERS: TERMS AND CONDITIONS