In the interest of transparency, we’re sharing this template of the contract we expect to use with artists. If you’re considering signing up to be an artist contributor to one of our anthologies, feel free to review this and contact us with questions. Only selected artists will be asked to sign the contract, with payment contingent upon completion of the piece. Please be aware that the version we’re sharing publicly is not final, not legally binding, and may be edited or modified before it is sent to artists for their signatures.
This sample contract is specifically for interior artwork, not cover art, and presupposes that only one page of artwork will be done.
Memorandum of Agreement for Materials Submitted to (TITLE OF ANTHOLOGY)
This contract is made between Duck Prints Press LLC, whose address is (OUR FULL ADDRESS), hereinafter referred to as the Publisher, and (ARTIST NAME), whose address is (ARTIST ADDRESS), hereinafter referred to as the Artist.
In consideration of mutual promises and forbearances, the parties agree as follows:
1(a). The Publisher is retaining the services of the Artist to create one unique piece of artwork, hereinafter referred to as the Artwork, for inclusion in an anthology titled (TITLE OF ANTHOLOGY), hereinafter referred to as the Anthology, to be published in print and eBook (PDF, Mobi and ePub) formats.
1(b). The Artist grants the Publisher the right to use the Artist’s chosen publication name(s) for advertising, promoting, or otherwise publicizing the Anthology. The Publisher shall only use personal information expressly provided and approved by the Artist.
2(a). The Artist retains copyright and ownership of the original Artwork.
2(b). The Artist agrees to the exclusive licensing of the following rights to the publisher: the right to display, modify, advertise, and transmit the Artwork; the right to produce art prints and other reproductions of the Artwork; and the right to create derivative works such as merchandise and accessories featuring the Artwork. This exclusive license applies solely to the use of the Artwork during production, development and sale of the Anthology Kickstarter, and expires either one year after the Anthology is published or on (DATE), whichever comes first.
2(c). The Publisher reserves the right to continue to sell electronic copies of the Anthology, with the Artwork included, after the period of exclusivity has ended, for as long as the Publisher remains in operation. The Publisher also reserves the right to sell any excess merchandise made featuring the Artwork after the period of exclusivity, but not to produce new merchandise or print additional books without the express written permission of the Artist. The Publisher is not permitted to use the Artwork in any other publication or electronic media.
2(d). The Publisher must properly identify the Artist as the creator of the Artwork and provide the Artist’s chosen publication name on the copyright page of the Anthology.
2(e). The Artist retains all rights to the Artwork not specified here, including but not limited to: authorship credit, the right to use the Artwork in their portfolio, and the right to promote and sell the original Artwork.
3(a). The Artist will be paid $50 US upon completion of the Artwork. If funds allow, the Artist understands that this amount may be increased by increments of $50 depending on the success of our Kickstarter campaign, up to a maximum of $400. This amount will be paid when the Artist and the Publisher agree on a final version of the Artwork and after print-suitable image files are transferred to the Publisher. The $50 minimum payment will be made even if the Anthology does not successfully fund.
3(b). The Artist shall receive a complimentary copy of the eBook editions of the Anthology.
3(c). The Publisher agrees that the Artist will complete the Artwork in the Artist’s creative style at the Artist’s discretion, aligned with the themes of the Anthology. The Publisher reserves the right to request small revisions to ensure print quality and accurate color reproduction.
3(d). As the Artist progresses, they will provide the Publisher with updates and visuals of the Artwork. The Artist understand and agrees that the the Publisher may use these updates (including but not limited to preliminary sketches, concept sketches, and lineart) in promotional materials related to the Anthology, unless the Artist requests that the Publisher not do so.
3(e). If the Publisher declines to use the Artwork, the Artist retains all the right to the Artwork and the Artist will still be paid $30, unless the Artist is in breach of this contract.
3(e). The Artist agrees to complete the Artwork by (DATE). If the Artwork is not completed by this time, provided the Artist has made a good faith effort to complete the Artwork, they retain all rights to the Artwork, but will not be paid for the Artwork. If the Artist has done no work or otherwise been negligent, they will receive no payment.
Authors’ Warranties and Indemnities.
4(a). The Artist represents and warrants that he/she/they is the sole creator of the Artwork, and that no one has previously reserved the rights granted in this agreement. The Artist also represents that, to the best of his/her/their knowledge, the Artwork does is not in violation of any rights of privacy or any other rights of third persons, does not violate any existing common law or statutory copyrights, and has not been published before in any form, whether paid or unpaid, in print, electronic, or other formats not specifically enumerated here.
4(b). The Artist agrees to hold the Publisher harmless against any judgement finally sustained against the Artwork, unless the Publisher has used the Artwork in any way that has not been authorized by this contract, in which case the Publisher shall be liable.
This agreement shall be interpreted under the laws of the State of New York in the United States of America.
By signing this contract, the Publisher and the Artist acknowledge that each party has read and understood this contract prior to execution.
In witness whereof the parties have executed this contract on this (XX day of MONTH, YEAR)