Sample Artist Contract for Works Created for Patreon

In the interest of transparency, we’re sharing this template of the contract use with artists who publish with us. 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 authors for their signatures.

Memorandum of Agreement for Artwork Entitled [TITLE OF ART PIECE]

This contract is made between Duck Prints Press LLC, whose address is (ADDRESS), hereinafter referred to as the Publisher, and (ARTIST’S NAME), whose address is (ARTIST’S ADDRESS), hereinafter referred to as the Artist.

In consideration of mutual promises and forbearances, the parties agree as follows:

Artist’s Grant.
   1(a). The Artist grants permission to use their work entitled “[ARTWORK TITLE],” hereinafter referred to as the Artwork, to be published in digital format to the Publisher’s Patreon and used for related merchandise. 

   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/Book). The Publisher shall only use personal information expressly provided and approved by the Artist.

Rights Purchased.
  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, advertise, and transmit the Artwork; the right to distribute a high-quality print-suitable version of the Artwork to backers on the Publisher’s Patreon; the right to modify the Artwork in basic ways such trimming it into a banner, using part of it for merchandise, or adding text; and the right to produce art prints of the Artwork. This exclusive license expires either 1 year after this contract is signed or on (DATE), whichever comes first. 

  2(c). In addition to the above requested rights, the Publisher will be granted the right to publish an annual calendar that includes the Artwork, hereinafter referred to as the Calendar, and the right to publish a short book featuring the Artwork and other artworks published to the Publisher’s Patreon, hereinafter referred to as the Book. The license for these specific usages of the Artwork extends until [DATE].

  2(d). The Publisher reserves the right to sell any excess Calendars, Books, and 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(e). 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 Calendar and the Book

  2(f). 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.

  2(g). As the Artist progresses, they will provide the Publisher with updates and visuals of the Artwork. The Artist understands and agrees that the Publisher may use these updates (including but not limited to preliminary sketches, concept sketches, and lineart) in posts shared with the Publisher’s supporters on Patreon.

Payments.
  3(a). The Publisher will list the Work on our Patreon account on or before [DATE].

  3(b). The Artist will be paid $XX US. This will be sent within 30 days of the signing of this contract.

  3(c). The Artist will be paid royalties on sales of art prints featuring the Artwork. These royalties will be equal to 50% of the net profits earned by the Publisher on sales of the art print of the Artwork.

  3(d). The Artist will be paid royalties on sales of the Calendar and the Book. Royalties will be calculated by determining 50% of the net profits on each sale of these publications, with that 50% share divided equally among all contributing artists.

  3(e). Royalty payments will be distributed to the Artist within the first five business days of any month in which total royalties owed equals at least $10 USD. The Artist has chosen to receive these payments via [METHOD OF CHOICE].

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, was not generated in part or in full by an art-generation model (so-called “AI”), 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),

______________________________________________________

Artist                                                                 Date


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Publisher                                                            Date