Ownership of Copyright/Copyright Licence
- The copyright in artwork commissioned by the Client shall be retained by the Illustrator.
- The Client or the Client’s customer (where the Client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out on the face of this acceptance of commission.
- During the currency of the licence the Illustrator shall notify the Client of any proposed exploitation of the artwork for purposes other than self-promotion and the Client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to the business of the Client or the Client’s customer.
- Where use of the artwork is restricted, the Illustrator will nominally grant the Client or the Client’s customer a licence for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between the Illustrator and Client.
- The licence hereby granted to use the artwork is contingent upon the Illustrator having received payment in full of all monies due to her/him and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid.
- The licence hereby granted is personal to the Client or the Client’s customer (where the Client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without the Illustrator’s consent.
- The Client would be charged Rs. 500 per hour (Indian clients) or 30 USD per hour (International clients) for any piece of art.
- If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(i) 25% of the agreed fee if the commission is cancelled before delivery of roughs;
(ii) 33% of the agreed fee if the commission is cancelled at the rough stage:
(iii) 100% of the agreed fee if the commission is cancelled beyond two hours of work up to delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
- In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator.
- The Illustrator shall use her/his best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of the Illustrator falling to meet the agreed date.
- The illustrator shall not be liable for any consequential loss or damages arising from late delivery of the artwork.
- The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
- Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows: 70% of the agreed fee if the artwork is rejected on delivery.
- In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator.
- If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission. The illustrator has the right to charge for additional changes.
- Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.
- The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Client or its customer.
Ownership of Artwork
- The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
- The Illustrator’s original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator.
- The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless so indicated on the front of the form.
- The Illustrator has the right to watermark all works of art. In case the client requires art work without a watermark, there would be an additional charge of 40% of the total cost.
- Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work.
- All notices shall be sent to the Illustrator and to the Client at the address stated in this Agreement. Each party shall give written notification of any change of address to the other party prior to the date of such change.
- These terms and conditions are governed by the law of Indian Government and may not be varied except by agreement in writing. In case of Breech of contract, client would face legal consequences.
Computer illustration or digital illustration is the use of digital tools to produce images under the direct manipulation of the artist, usually through a pointing device such as a tablet or a mouse. It is distinguished from computer-generated art, which is produced by a computer using mathematical models created by the artist. It is also distinct from digital manipulation of photographs, in that it is an original construction “from scratch”.
Doodles are simple drawings that can have concrete representational meaning or may just be abstract shapes. Popular kinds of doodles include cartoon versions of People, famous TV personalities, comic characters, invented fictional beings, landscapes, geometric shapes, patterns, textures, or phallic scenes. They do not entail caricatures (a picture, description, or imitation of a person in which certain striking characteristics are exaggerated in order to create a comic or grotesque effect.)
◾️ I Have hereby Read, understood and Accept the Terms and Conditions of Doodle Rage.
Name of Client: ……………………………….