Docstoc

Illustration Agreement

Document Sample
Illustration Agreement Powered By Docstoc
					This Illustration Agreement is between an author and an illustrator whereby the author
pays the illustrator a flat fee to illustrate a certain number of illustrations. The
illustrations will be owned by the author as a work made for hire. The illustrator will be
accorded credit. This document in its draft form contains numerous of the standard
clauses commonly used in these types of agreements, as well as optional language to
allow for customization to ensure the specific terms of the parties’ agreement are
addressed. This form should be used a small business or individual that is entering a
work for hire agreement with an illustrator, or it can be used by illustrators entering a
work for hire arrangement with an author.
                                ILLUSTRATION AGREEMENT

THIS ILLUSTRATION AGREEMENT (the “Agreement”), made as of ___________
[Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of
Author], ___________ [Instruction: Insert Address] (the “Employer”) and ___________
[Instruction: Insert Name of Illustrator], ___________ [Instruction: Insert Address] (the
“Illustrator”).

WHEREAS, Employer desires to engage Illustrator to design and illustrate certain artistic
material (the “Illustrations”) related to Employer’s manuscript, subject to the terms and
conditions hereof, and Illustrator desires to desires to accept such engagement.

NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:

1. Engagement. Illustrator hereby agrees to create and deliver to Employer no less than
___________ (___) [Instruction: Insert Amount] Illustrations. Upon Employer’s receipt of the
Illustrations, Employer shall have the right to approve or disapprove the Illustrations. In
connection with any disapproval, Employer shall provide comments regarding how the
Illustration should be revised. Within a reasonable time following Illustrator’s receipt of said
comments, Illustrator shall create and provide to Employer revised Illustrations taking into
account Employer’s comments. The Illustrations shall not be deemed delivered (“Delivery”)
until all Illustrations have been received and approved by Employer, which approval shall not be
unreasonably withheld.

2. Fee. Employer shall pay Illustrator an illustration fee of ___________ Dollars ($____)
[Instruction: Insert Amount] (the “Fee”). One half of the Fee shall be due and payable upon
execution of this Agreement. The remainder of the Fee shall be due and payable within thirty
(30) days following Delivery of the Illustrations. Illustrator acknowledges and agrees that
Illustrator is not entitled to any royalties or compensation whatsoever, except as provided herein,
in connection with any use or exploitation of the Illustrations

3. Ownership. Illustrator hereby certifies and agrees that: (i) the Illustrations will be created in
the regular course of Illustrator's employment by Employer and that the Illustrations have been
specifically ordered or commissioned by Employer, (ii) the Illustrations, and all other results and
proceeds of Illustrator's services in connection with the Illustrations are, and shall from inception
be deemed works "made-for-hire" for Employer within the meaning of U.S. Copyright law and
for the purpose of all other copyright laws throughout the world, and as such, shall be
Employer's sole and exclusive property, in perpetuity and throughout the Universe, and shall be
free from any claims whatsoever by Illustrator or any individual or entity deriving any rights or
interests from Illustrator; and (iii) in the event the Illustrations, or any of the other results and
proceeds (or any portion thereof) of the services described herein, shall not be deemed a work
"made-for-hire," and/or to the extent that Employer is not deemed to be the author thereof in any
territory of the Universe, Illustrator hereby irrevocably transfers, assigns and grants to Employer
the entirety of copyright in and to the Illustrations, and all other rights in and to the Illustrations,
and the results and proceeds of Illustrator's services in connection with all thereof, throughout the
Universe in perpetuity. Illustrator hereby waives any so-called "droit morale" with respect to
such material. In no event shall the period of rights granted to Employer hereunder in respect of
the Illustrations be less than the period of copyright, and any renewals and extensions thereof.
Without limiting the generality of the foregoing, Illustrator further acknowledges, certifies and
agrees that Employer shall have the right to exploit the Illustrations in any and all media and via
any and all methods, now known or hereafter devised, throughout the Universe, in perpetuity, as
Employer determines in its sole discretion. Illustrator will, upon request, execute, acknowledge
and deliver to Employer's assignees or designees (as appropriate) such additional documents as
Employer may deem necessary to evidence and effectuate Employer's rights hereunder, and
Illustrator hereby grants to Employer the right as attorney-in-fact to execute, acknowledge,
deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if
Illustrator shall fail to execute the same within five (5) business days after so requested by
Employer.

4. Representations, Warranties and Indemnity. Illustrator represents and warrants that the
Illustrations and all other results and proceeds of Illustrator’s services in connection with the
Illustrations are new and original, and neither the Illustrations, nor any use or exploitation thereof
by Employer, shall violate any law or infringe upon the rights of any person or entity. Illustrator
shall defend, indemnify and hold Employer and its successors, licensees and assigns, harmless
from any and against all damages, losses and costs (including, but not limited to, reasonable
attorneys' fees and court costs) in any manner connected with any claim, demand or action
arising out of or occasioned by any breach or alleged breach of, or any claim, demand or action
inconsistent with, the foregoing representation and warranty.

5. Credit, Name and Likeness.

    A. Employer shall cause Illustrator to be accorded credit on all reproductions of the
Illustrations substantially as follows: “___________”. No casual or inadvertent, non-repetitive,
failure by the Employer, or Employer’s assignees, licensees or successors, to comply with the
foregoing shall be deemed a breach hereof; provided, however, that following Employer’s
receipt of written notice of such failure from Illustrator, Employer shall prospectively cure any
such failure with respect to future reproductions of the Illustrations.

    B. Illustrator hereby grants to Employer the worldwide, perpetual right to use and publish
Illustrator's name and likeness, in connection with Employer's and Employer's designees' use and
exploitation of the Illustrations. Notwithstanding the foregoing, Employer shall have no
obligation to so use Illustrator’s name and/or likeness.

6. Miscellaneous.

    A. Illustrator acknowledges and agrees that: (i) Illustrator has the right and has been given
the unrestricted opportunity to seek the advice and counsel of Illustrator’s own attorney in
connection with this Agreement; (ii) if Illustrator decides not to seek independent legal counsel,
such decision is made by Illustrator voluntarily and without coercion by Employer or anyone
acting on behalf of Employer and shall not affect the binding nature of this Agreement; and (iii)
in executing this Agreement and accepting the terms hereof, Illustrator is not relying upon the
advice or counsel of any employee, attorney, or agent of, or other person otherwise connected
with Employer.

    B. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.

    C. This Agreement shall not be assignable or transferable by Illustrator, in whole or in part,
without the prior written consent of the Employer. This agreement shall be freely assignable or
transferable by Producer and shall inure to the benefit of Producer’s assignees.

    D. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.

    E. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.

    F. This Agreement shall be governed in accordance with the laws of the State of
_____________, [Instruction: Insert State], applicable to agreements to be wholly performed
therein, with jurisdiction exclusive to the Federal and State courts located in the County of
_____________ [Instruction: Insert County], State of ______________ [Instruction: Insert
State].

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.


ILLUSTRATOR:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


EMPLOYER:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]

				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:286
posted:12/8/2011
language:English
pages:5
Description: This Illustration Agreement is between an author and an illustrator whereby the author pays the illustrator a flat fee to illustrate a certain number of illustrations. The illustrations will be owned by the author as a work made for hire. The illustrator will be accorded credit. This document in its draft form contains numerous of the standard clauses commonly used in these types of agreements, as well as optional language to allow for customization to ensure the specific terms of the parties’ agreement are addressed. This form should be used a small business or individual that is entering a work for hire agreement with an illustrator, or it can be used by illustrators entering a work for hire arrangement with an author.