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ILLUSTRATION LICENSING AGREEMENT & TERMS

1. Fee Structure & Selected License

Upon completion of the Artwork and receipt of full payment, the Client is granted the specific license selected below. The total fee consists of the Base Artwork Creation Fee plus the applicable.

 

Licensing Fee:

  • [ ] Tier 1: Standard Commercial License

    • Licensing Fee: +100% of Base Artwork Fee (Total = Base Fee × 2)

    • Covers book publication, marketing, and free promotional materials.

  • [ ] Tier 2: Extended Retail Merchandise License

    • Licensing Fee: +200% of Base Artwork Fee (Total = Base Fee × 3)

    • Includes all Tier 1 Standard Commercial rights PLUS rights to sell physical/digital merchandise for profit.

 

2. Tier 1: Standard Commercial License Terms

If Tier 1 is selected, the Artist grants the Client a perpetual, worldwide, non-exclusive license to use the Artwork solely in connection with the specified book title, series, or author brand:

  • Permitted Uses:

    • Book Publishing: Reproduction on book covers (digital eBooks, paperbacks, hardcovers, dust jackets, special editions, audiobooks) and interior formatting (chapter headers, interior illustrations, character inserts, endpapers).

    • Marketing & Branding: Digital promotion, website banners, social media marketing, newsletter assets, paid advertisements, and author logos/branding.

    • Non-Saleable Promotional Swag (PR): Manufacture and distribution of physical promotional items distributed entirely free of charge (e.g., bookmarks, promotional art prints, stickers, postcards, PR influencer boxes, book convention handouts) up to a cumulative limit of 2,500 units.

  • Restrictions:

    • No Resale: The Artwork may not be used on any product, print, or item sold to the public for monetary gain or trade.

    • Production of promotional giveaways beyond 2,500 units requires an extension or written permission.

 

3. Tier 2: Extended Retail Merchandise License Terms

If Tier 2 is selected, the Artist grants the Client a perpetual, worldwide, non-exclusive license covering all rights granted in Tier 1, plus the right to manufacture, distribute, and sell retail merchandise:

  • Permitted Uses:

    • All Tier 1 Rights Included: Full book publishing rights, digital marketing, and non-saleable promotional swag as outlined in Section 2.

    • For-Profit Retail Merchandise: The right to print, manufacture, and sell standalone physical or digital products bearing the Artwork directly to consumers or wholesale, including:

      • Apparel, tote bags, and accessories

      • Enamel pins, keychains, and charms

      • Standalone art prints, posters, and stickers sold for individual profit

      • Drinkware, stationery, and bookish lifestyle goods

      • Special edition items sold within paid book subscription boxes

  • Production Cap:

    • This license authorizes production up to a cumulative maximum of 1,000 manufactured units across all merchandise categories combined.

    • If the Client exhausts this production cap and wishes to reprint or manufacture additional units, an additional reprint license or renewal fee must be agreed upon in writing.

  • Platform Restrictions:

    • Merchandise must be produced through private manufacturers, local printers, or private drop-shippers integrated into the Client’s own storefront (e.g., Shopify, Etsy, WooCommerce).

    • Uploading the Artwork to open, public print-on-demand marketplaces (including but not limited to Redbubble, TeePublic, Society6, or Amazon Merch) is strictly prohibited to prevent unauthorized asset scraping and theft.

 

4. Copyright & Ownership

  • Artist Retention: The Artist retains full, sole, and exclusive copyright, moral rights, and intellectual property ownership of the original Artwork under applicable copyright law.

  • No Work-for-Hire: This Agreement is a grant of specific usage rights and does not constitute a work-for-hire or assignment of copyright.

  • Portfolio Display: The Artist reserves the perpetual right to display the Artwork, preliminary sketches, and process videos in their professional portfolio, website, social media channels, promotional materials, and art collections.

5. General Restrictions

Regardless of the license tier selected:

  • No AI Training: The Artwork may not be used, ingested, or uploaded into artificial intelligence generators, machine learning models, or automated image synthesis tools for any purpose.

  • No Resale of Raw Files: The Client may not sublicense, resell, redistribute, or share the raw, editable digital source files (e.g., layered PSDs, Procreate files) with third parties.

  • Alterations: The Client may crop or resize the final Artwork for formatting and layout purposes, or add author/title typography. The Client may not digitally manipulate, recolor, filter, paint over, or materially alter the underlying Artwork without prior written consent from the Artist.

 

6. Credit & Attribution

  • Book Credits: For book covers and interior art, credit must appear in the front or back matter of the book (e.g., "Cover illustration by Bex Hamer - Ink Cauldron" or "Interior artwork by Bex Hamer - Ink Cauldron”).

  • Social Media: Where feasible in promotional digital posts, tagging or crediting the Artist’s handle (@inkcauldron) is appreciated.

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