In the interest of transparency, we’re sharing this template of the simple contract we use with artist’s who are doing merchandise commissions for us. A more detailed merchandise commission contract is used upon request, but we’ve found many artists doing small, one-off pieces for us prefer a simpler contract, and so we use this one in those instances.
Memorandum of Agreement for Materials Submitted to (Title of Project)
This contract is made between Duck Prints Press LLC, whose address is (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 digital artwork, hereinafter referred to as the Artwork, for use as an item of merchandise to be used in the sale of the (Anthology/Book) entitled (Title of Project), hereinafter referred to as the (Anthology/Book). By agreement, the Artwork will be used in only two ways: to produce (a detailed description of the merchandise being commissioned) that will be offered to backers of the (Anthology/Book) Kickstarter, and to help advertise the Kickstarter.
2(a). The Artist retains copyright and ownership of the Artwork.
2(b). The Artist agrees to the exclusive licensing of the following rights to the publisher: the right to display, advertise, and transmit the Artwork and the right to produce (TYPE OF MERCHANDISE) featuring the Artwork. This exclusive license applies solely to the use of the Artwork during production, development, and sale of the (Anthology/Book), and expires either one year after the (Anthology/Book) is published or on (DATE), whichever comes first.
2(c). The Artist retains all rights to the Artwork not specified here.
3(a). The Artist will be paid $XX US, paid when the Artist and the Publisher agree on a final version of the Artwork.
3(b). The Artist agrees to complete the Artwork by (DATE).
Artist’s 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 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 (DATE),