Character Art Terms

Ownership of Copyright/Copyright Licence

The copyright in the artwork 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.


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.

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.



Fan art

If your artwork features characters that belong to an existing Intellectual Property (“fan art”) then your usage of the artwork is restricted to personal use only.

Generative AI

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

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 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. 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.