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Discussion Starter #1
So I've decided to have graphic design friends and students create my ideas b/c I'm not very great at Ill. and P. Shop.

W/ that said I wanted to get insight from those of you that have gone this route. If I wanted to write up a contract what kind of rules do you present them with.

For example, I read another thread on here where a graphic artist was telling the designer that they didn't want to make any changes to the design they created. For example, should I include how many times I can ask for them to edit in my contrac?

What other requests have you all made in your contracts prior to paying a freelance graphic artist?

Your thoughts are greatly appreciated.

B
 

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Here is some info that may help.

ART SERVICE CONTRACT

DATE: 02-05-2005
Creator –__________________
Marketer/Manufacture –__________________

(ITEM “A”) Description:
Design number/name/description. ___________________________
Category
Minimum projected annual units/sale of this design: ______________

This document shall be deemed as a legally binding contract between
Marketer/Manufacture:
Art Creator:


(ITEM “B”) Explanation:

Type of medium/product types: Printed Textiles.

Category of use: Wholesale and “direct Retail sales” described as being sold by Marketer/Manufacture and acting as the retailor to sell this design/product direct to the public.

Geographic area of use:
(World /Global sales). 5% royalty in US currency.)

Duration of use: 3 years from the date of signing this contract.










Third Party Licensing: This contract is not transferable to a third party company or person for any reason without both parties being in agreement. (If Marketer/Manufacturer cannot meet production to meet the scheduled production of purchasing contracts/ sales in a timely fashion, a modified agreement can be made with outside parties and will documented as sub contract work. It shall be the duty of Marketer/Manufacturer to see to it that all contract obligations are held up by any third party production facility. This shall be in the form of a secondary contract between the two parties (herein) and the additional third party. The secondary (third party) contract shall not supersede the original contract. All third parties shall also be subject to quartly invoice/sales/units reviews per design.


Note on sale of Rights and sale of Original Art:
Many buyers are surprised to discover that sale of the Original piece of art
is, by law, separate from the sale or transfer of usage rights and should be
handled as a separate issue, in both directions. You can buy all the right to
reproduce a piece of art without buying the art, but buying the original art
does not automatically transfer any reproduction rights to you.

Ownership of Original art: I __________________________ retain the full and complete copyright to the original art.

NO ASSERTION OF RIGHTS:
It is expressly understood and agreed that, except for licenses granted to____________________under this agreement, as between creator
___________________ and _________________ all right, tittle, and interest in and to Licensed digital files vest solely and exclusively in the creator
____________________________


REPRODUCTION LICENSE granted:Marketer/Manufacture__________________
has a license to produce and sell unlimited quantities of units or programs (groupings of multible designs sold as a set) within the three year contract.

A license to produce art on textiles__________________________ also grant rights to produce this art on other products with the knowledge that the royalty compensation shall be applied to the sales of any and all products.

The creator __________________________ will be informed of intent to apply this design on any product.
Creator –__________________ maintains the right to disapprove or approve the use of the art or reproduction of art on a product Creator - _________________deems inappropriate for the art. Approval must be given via signature and date (before art application/samples begins on a product).

Exclusivity: With these rights, I Creator –__________________ agree not to sell the design /reproduction rights it to other companies for the purpose of producing it on other products during the life of the contract (for instance) a greeting card, or mouse pad or puzzle, or book cover for the duration of this contract. Creator –__________________ maintains the ownership and right to use said art to promote . Creator –__________________ in any media format available, such as (but not limited to) Personal portfolio/articles/website/print while said contract is in effect.



Payment/Compensation: Royalty. Payment shall be in the form of a royalty in the amount of (5%) percent of wholesale price and 5% of the retail price (if selling direct to end user i.e. retail sales).

12 Royalty free samples per year during the contract shall be approved for
initial sales and samples. All samples over and above the initial 12 units
shall be billable for Royalty’s at the wholesale or retail price.

Sample approval:
Shall be required by Creator –__________________



Kill Fee:
A Kill fee or (cancellation) – payment made when the art requested meets
the satisfaction of the clients stated requirements but the client decides not to
use it for reasons outside the artist control or not due to any fault of my own,
This fee will be due Within 15 days of notice of cancellation of each
design/contract and shall be equal to 30% of the
bare minimum fair market value of said design, (per design) being a
minimum of $1000.00. Total due “per design” upon cancellation will be
$300.00 Any design killed will loose all rights for reproduction at any time
and no rights will be transferred. If a design is completed for production but
is not active in sales as a result of
Marketer/Manufacture –not actively and agressivly
pursuing sales or has not made a sale (totaling or in excess of 144 units) for
the first 6 months from the date of contract, the design is to be considered
killed/cancelled and the kill fee shall apply.




Payment Schedule:
Shall be due each (90 days) or per quarter of each year for the life of the
contract. A statement will accompany each quarter payment
as documentation of actual units ordered and shall describe the end use
and price.

A (per quarter-90 day), one time postponement of the scheduled quartly
payments can be used as a grace period, (not to extend beyond 15 days
of the due date of each quarter). After this time, A 2% late fee will apply to each payment that extends beyond (each) 105 days.


IMDEMNITY:
Client - ____________________shall hold
Creator –__________________ harmless from and against all judgments and related cost and expenses arising out of, or concerning manufacturing and loss of retail sales.

Creator –__________________ shall not hold Marketer/Manufacture in violation of copyright and will not infringe on any party.







REMEDIES:
All disagreements and or breach of contracts shall be remedied through a mutually approved third party mediator that may or may be appointed by a judge or an arts mediation service. All legal expenses and research cost will be paid by each party individually. If the two parties cannot reach reconciliation, a decision must be reached via the court system and the proven infringing party will be responsible for all legal fees. All remedies shall be held in the state of Florida and in a mutually agreed county.

CURE PROVISION:
The infringing party will have 30 days to cure or resolve a problem before mediation or legal action can be taken.



Note:This is a contract for art services and shall not be considered as“Work For Hire” .
 

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Discussion Starter #4
Thanks for the great feedback and for the link to the previous posts. There's so much info on these forums its difficult to sift through it all.
Thank you much, and if anyone has anymore insight, feel free to post away.

Reb.
 

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This is what I use for my customers. Hope this help!


Date:

Steven Lean

Work For Hire Agreement and Copyright Assignment

This Agreement entered into this (Date) by and between Steven Lean, Hereafter referred to as “Contractor” and ABC, Inc, hereafter referred to as “ABC”.

On January ____ 2006, ABC specially commissions Contractor to prepare pictorial drawing(s) which ABC plans to imprint onto apparel, each of which is more fully described in Exhibit “A”, attached hereto and incorporated by reference.

Contractor agrees that the specially commissioned Work(s) are "works made for hire," and that ABC, its successors, and/or assigns for whom each of the Works is being prepared, shall own all right, title and interest in and to each of the Works, including the entire copyright, trademark, and any and all other intellectual property rights in and to each of the Works.

Contractor further agrees that to the extent that this is not a work made for hire or to the extent deemed reasonably necessary by ABC, Contractor will assign to ABC, its successors and/or assigns, the exclusive worldwide ownership of all right, title, interest and ownership retained in and to each of the Works in any format now known or hereafter created, including the exclusive worldwide ownership of the entire copyright and any trademark in and to each of the Works in any format, and the right to procure the copyright thereon and the right to secure any renewals, reissues, and extensions of any such copyright in the United States and any foreign country. Whenever required, Contractor agrees to execute any and all papers necessary for ABC, its successors or assigns, to perfect its sole ownership of the entire copyright in each of the Works, including an Assignment of Copyright in the form of Exhibit “B”, which is attached hereto and incorporated by reference. It is the purpose of this Assignment and the intention of Contractor to transfer unto ABC, its successors or assigns, all rights, sold, granted, conveyed and assigned under this Assignment.

Contractor shall retain only the right to display the Works in his portfolio for self promotion. Contractor acknowledges that ABC presently intends to publish, reproduce, display, and distribute each of the Works, in whole or in part, onto apparel, various household items, stickers, etc... throughout the United States and the world. Contractor also acknowledges that ABC plans to incorporate and that any and all of the obligations contained in this agreement shall be transferable to any corporation formed by ABC, or one of its principals.

Contractor represents and warrants that each of the Works he creates or prepares for ABC Will be original, will not infringe upon the rights of any third party, and will not have been Previously assigned, licensed or otherwise encumbered.

Upon satisfactory completion and as compensation for Contractor’s services and agreement to execute the attached Copyright Assignment (attached hereto as Exhibit “B” and incorporated herein by reference) for each of the Works, ABC agrees to pay Contractor ______ Dollars ($XXX.00).

If you agree with these terms, please sign and return the signed original letter agreement and keep a copy for your records.

Sincerely,


___________________________
ABC, Inc.
President / Art Director


I AGREE WITH AND UNDERSTAND ALL OF THE ABOVE TERMS OF THE WORK FOR HIRE LETTER AGREEMENT. I FURTHER AGREE TO EXECUTE A
COPYRIGHT ASSIGNMENT IN THE FORM OF EXHIBIT “B” WHEN THE WORK IS COMPLETE.


Date: ______________ Artist Signature: ________________________________
Steven Lean






Exhibit “A”

"Pictures..."










Exhibit “B”







ASSIGNMENT OF COPYRIGHT

This Assignment of Copyright (the “Assignment”) is made and entered into on _____________, 2006 by and between Steven Lean (“Author”) and ABC, Inc (“Assignee”), collectively referred to as the “Parties”.

Whereas, Author is the sole creator of that certain color drawing to be imprinted on clothing which Depicts______________________________________________________________________ Which was created on_______________, 2006, and is entitled, “Designs' names” (“The Work”); Whereas, Author wishes to assign any and all of his rights and interest in and to the Work to Assignee; Now, Therefore, for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:


1. Assignment. Author does hereby transfer, sell, grant, covey and assign unto Assignee, its successors, assigns and licensees forever, all of Author’s right, title and interest in the Work. Author does hereby transfer to Assignee all of Author’s copyright, trademarks, and service marks in the Work. Author transfers to Assignee all rights to secure initial registration of the Work, and any renewals, reissues, and extensions of the copyright. Author grants Assignee the right to adapt, modify, edit and alter the Work in any manner Assignee desires. Author further grants Assignee the right to register the copyright in the Work in Assignee's own name and grants Assignee the exclusive right to dispose of the copyright in any way Assignee sees fit.

2. Author’s Representations. Author represents and warrants that he is the sole owner and creator of the Work, that he has all rights, title, and interest in and to the Work other than to the underlying insignia which is in the public domain, and that he has the power to enter into this Assignment. Author further represents and warrants that the rights transferred in this Assignment are free of liens, encumbrances, licenses or claims or any nature and that he has made no agreement with respect to the Work that is in conflict with this Assignment.

3. Continuing Obligation. Author agrees to reasonably assist Assignee as required to perfect this assignment and Assignee’s copyright in and to the Work, including the execution and delivery of any and all documents that Assignee may think necessary to secure the copyright, or any renewal or extension of the copyright.

4. Binding. The covenants and conditions contained in this Assignment shall apply to and bind the Parties and their heirs, legal representatives, successors, and permitted assigns.

5. Partial Invalidity. If any term, provision, or application of this Assignment is held invalid or unenforceable, the remainder of this Assignment, and any application of its terms and provisions will not be affected by that invalidity, but will remain valid and enforceable.

6. Governing Law. This Assignment shall be governed and construed in accordance with the laws of the United States of America.

It Witness Where of, the Parties have caused this Assignment to be executed as of the day and year Written above.



AUTHOR / ASSIGNOR:


___________________________
Steven Lean
Date: _______________






ASSIGNEE: ABC, Inc.


________________________________
President / Art Director
Date: ________________
 

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What about a contract to just buy someones existing art work? Like look at some examples and buy anything that suits your fancy? Maybe ask it be modified to work on T-shirt before purchasing?
 

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Wow! Thanks guys for the great examples you have posted. Here is a contract that I built a while ago. Is not fancy but is an extract of a longer one. You can add or delete depending the kind of work you want to do. You might want to edit RED data to suit your needs. I hope it helps a little. :)

CONTRACT FOR SERVICES


Contract Number 9002100

This contract, made and entered into this ____day of______,20___, by and between____________ hereinafter called Buyer and Cortés International Inc. hereinafter called Seller, is for T-Shirt printing services subject to the provisions set forth hereunder. The parties agree to contract for the furnishing of Silk Screen printing services as more specifically described in Appendix A hereto. The parties agree as follows:

1. Performance of Service/Price: The Seller agrees to perform services in accordance with the attached Appendix A at the prices set forth herein $____ per shirt/ 1000 shirts per month/ 500 every 2 weeks, which will be printed in two (2) color ink on one (1) side of the T-shirt. Buyer will provide the Company Logo to Seller. In the case of a new Logo Type to be submitted by the same Buyer, a new contract must be signed for that specific Logo. The Seller will not be liable for any costs incurred by the Buyer other than those specified above.

2. Contract Period. The period of performance for this contract will be for 12 months, 1 year, from the commencement date. The contract service period shall begin August 1, 2009. The Seller may extend the term of this contract for successive periods of 12 months, 1 year. The Seller will advise the Buyer in writing at least 30 calendar days before the contract period expires of the activity's desire to extend the period of the contract. The total duration of this contract, including any extension pursuant to the option exercised under this clause will not exceed five (5) years from the date of the original contract.

3. Payment Cycle. In consideration for the services rendered, the Buyer agrees to pay the Seller 50%, at the time of the order of 500 shirts, and pay balance at the time of delivering the printed shirts. The amount to be paid the Seller under the terms of this contract will be that amount stipulated above, unless otherwise specified by a modification to this contract.

4. Invoices. The Seller will submit invoices to Addres__________________________________________
the last week of each month of the contract period for work completed during that month.

5. Subcontracts. The Seller may or may not subcontract parts or the whole of this contract without obtaining the Buyer’s consent. If a subcontractor is permitted to execute part or all of this contract, the Seller will continue to he held responsible for all provisions of the contract in total.



6. Licenses, Taxes, Permits, and Fees. The Seller is fully cognizant that this Contract is a contract for services and that an employee-employer relationship does not exist between the Seller and the Buyer. The Seller is not an employee of the Buyer and is not covered by Workmens' Compensation, group life, accident or health insurance, nor other benefits associated with an employer-employee relationship. Therefore, it is the Seller’s responsibility to obtain, at its own expense, all licenses and permits, and to pay such taxes and fees as may be required of the Seller by federal, state, and local governments in the execution of the terms of this contract. The Seller shall comply with all laws, rules, and regulations applicable to the service carried on under this contract.

7. Payment Rates. Payment for services performed by the Contractor will be made at the rate prescribed in paragraph 1, upon submission of the Seller of proper invoices to the Buyer designated herein and at the time provided for herein. Payments must be made in accordance with the clause titled "Invoices."


_________________________________ ___________________
Print Name of Seller Date

_________________________________
Signature of Seller

_________________________________ ___________________
Print Name of Buyer Date

_________________________________
Signature of Contractor


_____________________________
_____________________________
Address & Telephone Number Address & Telephone Number



APPENDIX A & B

(type in your specific requirements)
 

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Once you buy a design from someone and its yours, no one can stop you from changing it, let say you change your mind on colors or sizes. That shouldn't even be a problem, the design is yours and you may do as you wish with it. When we purchase our designs from our winners, we sometimes have to change the color of the t-shirt that the design is printed on, we leave the design as is but we have to make size changes due to print size restrictions, we may also have to bring it down to four colors since we try not to print anything over four colors, sometimes we let the design get printed with more than four colors.
 

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If the artist does not demand money (she is a college student who is trying to build up her portfolio), is it legal for me to have her sign one of these contracts? It seems edgy, as i would not actually be giving her anything other than the right to say that she created the art.
 

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The work should be paid for regardless. It's agreements like these that make people think it is ok to ask for free design work on sites like craigslist. Could you imagine giving your shirts away to strangers just because you are new to the business?

I completely understand if you can't pay her if this is a start up business but she should be payed a percentage until you can afford to pay her by design.

I can tell you from personal experience that if she does work for free it will effect her long term self worth as a designer. I hope you don't agree to make money off of someone's hard work. I'm sure you will do the right thing.

Best of luck to you and her!


If the artist does not demand money (she is a college student who is trying to build up her portfolio), is it legal for me to have her sign one of these contracts? It seems edgy, as i would not actually be giving her anything other than the right to say that she created the art.
 
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