![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
And this is for commercial work as well as fanworks.
You do not own the copyright to the image - this means you may not reproduce the work for sale and you cannot alter the image (taking out the artists name, cropping, recoloring etc.)
You only own copyright if the artist grants this to you in writing - a verbal agreement is not legal nor binding.
As soon as the artist creates the work, they have copyright of that work. You can expect to pay at least 3x (if not more) the cost of the work to own the copyright.
The rights you do own will be spelled out in the contract, such as First North American Printing Rights, or rights to publish online on your website for a fixed amount of time. The more rights you want, the more you will pay for. Be aware of what you want to do with the art as soon as you negotiate the contract.
***
What to look for in a contract, and always sign a contract with the artist before work begins, to protect yourself (as well as the artist)\
You should expect to pay ½ or all of a fee at the start, or certain amounts as different stages of a project is completed. This shows that you are serious about the commission, and gives the artist motivation to begin, if you haven’t put anything down, most likely the artist will first devote time to those willing to pay them.
Deadlines, the artist should break down their work process and let you know what they expect to do at what time, for instance, have a rough of the work for your approval, a near finished work in black and white, and then a final colour.
The artist should keep in contact with you (and vice versa) and have a reason if they miss a deadline. You as the customer should be wary of an artist who can’t meet any of the deadlines.
Kill Fees should be worked into the contract, this means that if you decide not to go forward, you will still have to pay some amount for work already completed, with the kill fee growing to a larger amount the longer the project goes along, for example, if you stopped the commission in the rough stage, expect to get back almost all of your down payment. If the art is all the way to the finish stage and you don’t want to accept it, expect to pay up to 75%, depending on the artist.
If you decide you want to end the commission, and you’ve received a refund, you give up any rights to the art, even if you’ve had a large amount of input in the design, or this is an original character. For example, you could not take the rough sketches to another artist for them to complete, you have to start over.
You do not own the copyright to the image - this means you may not reproduce the work for sale and you cannot alter the image (taking out the artists name, cropping, recoloring etc.)
You only own copyright if the artist grants this to you in writing - a verbal agreement is not legal nor binding.
As soon as the artist creates the work, they have copyright of that work. You can expect to pay at least 3x (if not more) the cost of the work to own the copyright.
The rights you do own will be spelled out in the contract, such as First North American Printing Rights, or rights to publish online on your website for a fixed amount of time. The more rights you want, the more you will pay for. Be aware of what you want to do with the art as soon as you negotiate the contract.
***
What to look for in a contract, and always sign a contract with the artist before work begins, to protect yourself (as well as the artist)\
You should expect to pay ½ or all of a fee at the start, or certain amounts as different stages of a project is completed. This shows that you are serious about the commission, and gives the artist motivation to begin, if you haven’t put anything down, most likely the artist will first devote time to those willing to pay them.
Deadlines, the artist should break down their work process and let you know what they expect to do at what time, for instance, have a rough of the work for your approval, a near finished work in black and white, and then a final colour.
The artist should keep in contact with you (and vice versa) and have a reason if they miss a deadline. You as the customer should be wary of an artist who can’t meet any of the deadlines.
Kill Fees should be worked into the contract, this means that if you decide not to go forward, you will still have to pay some amount for work already completed, with the kill fee growing to a larger amount the longer the project goes along, for example, if you stopped the commission in the rough stage, expect to get back almost all of your down payment. If the art is all the way to the finish stage and you don’t want to accept it, expect to pay up to 75%, depending on the artist.
If you decide you want to end the commission, and you’ve received a refund, you give up any rights to the art, even if you’ve had a large amount of input in the design, or this is an original character. For example, you could not take the rough sketches to another artist for them to complete, you have to start over.
