Jessi (aazhie) wrote in artists_beware,
Jessi
aazhie
artists_beware

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Artist Contract for free use.

I wrote this up this morning and would like some peer review.  If you like it, feel free to use it, change what you need.  If you have suggestions for changes, I would love to see what you think.  I'm not too hip to legal-speak but I did get a few things from my friend's mom who worked at a law office. 

Tips or comments can also be sent to kyrawyvern@gmail.com


Art Commissions:

A refers to Artist, C to Client. In any and all situations if Client is unclear, A is not at fault!  If potential
clients wish to discuss any aspect of the contract, contact the artist.  It is implied that by commissioning A,
C agrees to this contract.

~Half payment is required to begin any commission:

Once partial or full payment has been sent, a sketch may be sent.  As a courtesy to a Client, A will send a sketch
of their piece.  Alterations may be made to this sketch completely free unless A feels the changes are so much
that they would require extra payment.  I have not yet had to charge more for this sort of thing, but A will not
take responsibilty if C did not properly describe the commission accurately to me in the first place.  Any more
alterations to the sketch AFTER the first round of changes may require additional payment, unless C can show that
A overlooked details in the description or sketch changes. 
This is why A suggests sending links to art that demonstrates the effect you, the Client are looking for. 

~Combat pay:

40% extra or up to $50 additional payment may be required if C is difficult/harassing or demands more than 2 sketch
revisions.  If you are worried about this clause please discuss this with Artist BEFORE starting payment or
discussion about a commission. 
The amount of work is what payment is for, as well as a finished piece.  If C requires A to answer multiple IMs,
PMs or Emails about  a given commission, this is extra work.  C is free to contact A if a information was
forgotten.  At most a weekly email can be helpful if C & A have a set deadline for the commission's completion.

~Revisions:

C will recieve a sketch and one round of revisions for every commission.  If A is willing to provide a 2nd round of
revisions for free, it may be an option.  This is always at A's discretion.  If C is being difficult even without
requiring extra changes, A may require extra cost to finish a piece (see Combat Pay). 

~Deadlines:

Deadlines MUST be agreed upon before starting a commission.  Otherwise standard deadline is six months up to a year
for most pieces.  Depending on complexity, more time may be required by A.  A is not obligated to inform client of
estimated completion.  C must ask for timeline, it will not be given.  A may delay a commission due to illness,
home & work issues, or an event that may not be anticipated.  A will inform client if possible about delays, but is
not required to. C is not required to inform A about delays in payment or contact, but if A does not recieve
contact from C within six months, A is not required to refund or finish any commissions for C that have already
been initiated.


~End All:

Artist may end any and all commissions w/refund minus material cost at ANY time for ANY reason.  Artist will and
must inform C through last form of communication.  A will not hunt C down to inform them of commission's end!
C must inform A of email problems or address changes.  A is not responsible for lost messages of any kind.  If C
has a spam filter be sure A's emails are on it, and please ask A to send my business emails if that helps you. 
If A ships an item, it will be sent to the address in paypal/email or to the address on C's envelope unless C
explains otherwise! A is not responsible for a shipping mistake if C gives the wrong information.

~Copyrights:

All art made by Artist belongs solely to the artist, C or any other person or organization may not use or
distribute withour prior arrangement.  All copyrights belong to A unless copyright is purchased.  A will display
art freely.  Requests to limit distribution of art will be honored unless A feels they are unreasonable.  C may
ask A to make names or aliases unavailble to general public.
Artist may require extra cost for private artwork.  Understand that A recieves advertising in the form of display
of previous works.  Clients may limit the amount of advertising, but if they wish to eliminate it completely, C
MUST inform artist before discussing a commission.
  If C does not wish to compensate adequately and/or does not make their wishes known clearly, A is not at fault
for misunderstanding or display of art that Client feels should be private.  A maximum period of six months is
allowed for requested private art, after this period, unless A has recieved payment to keep the work private, A
may display art in 2 personal gallieries, online or in real life.  Private art payment will vary per piece. 

~Online/Unpaid art:

Originals created on paper that C does not purchase can and will be sold at A's discretion.  Requests or Trades are
also subject.  If C wishes to own an original, shipping is usually available for most art.  Client is responsible
for cost of shipping.  Unpaid for art is free for A to use as A wishes.  No rights are retained by C if C does not
contact A about unpaid art.  Incomplete or non-payment nullifies any and all requests C has made.

~Use of Art:

Unless A is informed, do not use art copyrighted to A.  C may use finished art and sketches as C wishes without
violating Copyright laws if A feels art has been properly paid/traded for.  A may grant permission to C to
reproduce art, but is not required to.  A appreciates those who wish to use A's work in banners or personal
reference situations, but always inform the creator.  Some Clients do not wish for their characters' image to be
used by others.  This must be respected, A or C may report individuals or organizations violating this agreement.
If an individual creates work that may violate copyright laws, do not display without contacting A regarding the
work.  A will generally grant permission to display (but not sell) artwork that heavily references A's work.  Art
theft will be reported.

~Tips:

Tips are never required but are highly appreciated.  Payment over the artist's cost (not including shipment,
combat pay, multiple sketch payments) will not result in changes in the artwork. 
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