Are you working with a publisher?

Yes - If you are working with a publisher, the terms of my contract will be different from the terms of a non-publisher contract. Publishers have a vested interest in promoting and advertising your book, and will often be heavily involved in the process of production. This means that the language within the contract will need to reflect this working relationship. Additionally, with the chances of your book selling greater volumes with the assistance of a publisher, language concerning royalties will be included.

No - If you are not working with a publisher, but instead choosing to self-publish, the language and terms within my contract will be amended to reflect this. It is often harder to promote sales of a book on your own, without the assistance of a book publisher, and for this reason I may request a larger front end cost, but reduce royalty obligations. This will be assessed on a case-by-case basis.

Below you will find a template contract. This is not intended for use, only for reference, and is subject to alterations before your project can begin.

COMMISSION OF BOOK ILLUSTRATION SERVICES (EXAMPLE)

This Agreement is entered into and effective as of the last date of execution hereof by and between ____________________ (“Publisher”) and Morgan Clement (“Illustrator”), relating to 20-25 hi-resolution, digital illustrations including cover art, referred to hereinafter as the “Work”, to be used for the children’s book, “___________________________” by _________________________ (“Author”). Final transmission of said illustrations in digital format to the Publisher by the Illustrator shall herein be referred to as the “Final Delivery”, and any changed version of the Work, including addition and application of typography and other graphic design elements made by third parties after Final Delivery, shall herein be referred to as “Proofs.” All work once finished in its entirety, and comprised into an edition ready for publishing will herein be referred to as the “Book.”

1. Grant of Rights.

The Illustrator retains ownership of the originals of the Work and shall retain the right to exhibit, display, and sell them as she sees fit. The Illustrator hereby grants to the Publisher, during the full term of the copyright of the Work and all renewals and extensions of copyright, the exclusive U.S. and worldwide rights to print, publish, and sell said Work in book form. The Illustrator does not grant to the Publisher the right to use or print the Work in any other form, outside of the Book itself and promotional materials related to the Book, without the expressed written consent of the Illustrator.

2. Scope of Work

1. The Illustrator shall provide a series of new digital illustrations based on Author ____________________’s finalized manuscript “_________________________”, attached herein as Exhibit 1. The illustrations shall range between 20 and 25 in number, inclusive of cover art.

2. The Illustrator shall work in accordance with Schedule A, and agrees to provide written notice to the Publisher if an unforeseen event causes a delay.

3. The Illustrator shall, upon Final Delivery of the Work, deposit illustrations into an online storage space provided by the Publisher.

4. The Publisher shall have the right to request, in accordance with Schedule A, alterations to the Work during the scheduled check-ins and up to the point of Final Delivery. After Final Delivery of the Work, the Publisher may not request any revision to the Work without a mutually agreed upon and signed amendment to Paragraph 4(c) and Schedule A of this Agreement. The Publisher relinquishes any and all rights to illustrations and assets created for, but not used in, the Book.

3. Delivery of Work. 

(a) The Illustrator agrees to deliver the completed Work to the Publisher no later than _________ days from receipt of initial payment, and in accordance with the Illustrator’s previous professional work.

(b) The Publisher will provide an online storage space for the Illustrator to deposit the Work for progress checks and Final Delivery, and send requisite information for making deposit at time of signing this Agreement.

(c) In accordance with Schedule A, the Publisher may request alterations to the Work during the scheduled check-ins and up to the point of Final Delivery. If after Final Delivery the Publisher chooses to request changes to the Work, an amendment to Paragraph 4(c) and Schedule A of this Agreement will need to be drafted, mutually agreed upon, and signed. If a mutual agreement cannot be reached for a plan of revision beyond the Final Delivery, the Publisher shall have the right to terminate this Agreement. In the event of termination, all sums owed the Illustrator will be paid immediately. Until this Agreement is terminated, the Illustrator may not have the Work published elsewhere.

(d) If the Publisher fails to publish the Work and offer it for sale in book form within 18 (eighteen) months of Final Delivery of the Work, the Illustrator shall have the option of terminating this Agreement. In the event that the Illustrator terminates the Agreement for the Publisher’s failure to publish the Book within the timeframe specified here in Paragraph 3(d), all rights granted herein shall revert back to the Illustrator. However, the Illustrator shall have no further recourse or remedy against the Publisher arising from non-publication of the Book.

4. Compensation

(a) The Book will be published at the Publisher’s expense. Except as otherwise provided herein, the Publisher will pay the Illustrator a royalty of _____________ (___%) on Net Sales of electronic edition of the Book, should it decide to publish one, with Net Sales defined as the total amount invoiced and actually paid to the Publisher less sales tax, when applicable.

(b) No payment will be made to the Illustrator for any use of the Work that the Publisher may authorize without charge, in any form, including publication, by the Publisher or others, to promote the sale of the Book or to maintain or enhance the value of any of the rights granted under this Agreement.

(c) The Publisher agrees to pay as compensation to the Illustrator the sum of ________________ dollars US ($______) to be paid as follows: one-half, or __________________ dollars US ($_____), upon contract signing; one-half, or ____________________ dollars US ($_______), within seven (7) business days of Final Delivery of the Work pursuant to Paragraph 3 here-in-above. 

5. Subsidiary Rights Sales.

In addition to the exclusive rights granted in Section 1, the Illustrator grants to the Publisher those subsidiary rights in and to the Book listed below. The rights so granted to the Publisher are exclusive and worldwide except where otherwise indicated. The Publisher may exercise the rights itself or, at its sole discretion, dispose of these rights to third parties by sale, lease, or licensing. Upon the use or disposition of those subsidiary rights those below, the Publisher shall share with Illustrator a portion of the Net Proceeds actually received by Publisher from such use or disposition of such subsidiary rights in the Book, in percentages shown below, with Net Proceeds defined as the total amount invoiced and actually paid to Publisher less actual direct and customary costs associated with the use or disposition of such subsidiary rights:

a) Abridgment (__)% to Illustrator)

b) Foreign Language (___% to Illustrator)

c) Electronic Book (___% to Illustrator)

d) First and second serial publications (___% to Illustrator)

e) Limited-edition prints of the Book (___% to Illustrator). 

6. Copyright.

The Publisher will apply for copyright in the United States for the Book in conformity with the Copyright Law of the United States. The Publisher may, in its sole and exclusive discretion, apply for copyright outside the United States for the Book in conformity with international copyright conventions. Any such copyright registrations will be filed in the name of the Illustrator as the owner of the copyright registration. The Publisher may, in its sole and exclusive discretion, file any renewals or extensions of the copyright registrations in the name of the Illustrator and as provided by law.

7. Permissions.

The Illustrator agrees to obtain all permissions that are necessary for the use of any third-party copyrighted material in the Work; to submit written and complete copies of all permissions; and to solely pay any permissions fees charged by the copyright holders.

8. Illustrator’s Guarantee. 

(a) The Illustrator warrants that she has full power to make this Agreement; that the Work has not previously been published in the exclusive territory designated in Paragraph 1 in book form; that all rights conveyed to the Publisher under this Agreement are free of encumbrances; that the Work does not violate any statutory or common law copyright or any other right; and that the Work contains no material that is libelous, or whose publication would constitute an invasion of privacy, or that is otherwise unlawful or actionable. 

(b) The Illustrator will hold harmless and defend the Publisher and its licensees against all claims, demands, or suits based on alleged violations of these warranties. The Illustrator hereby indemnifies the Publisher for any damages finally sustained, for any sums payable as part of a settlement agreement, and for all reasonable attorneys’ fees and court costs resulting from such claims, demands, or suits. The Illustrator and the Publisher agree to promptly notify each other of any claim, demand, or suit hereunder, and pending the disposition thereof. If a joint defense is not agreeable, the Publisher and the Illustrator will each be entitled to separate counsel of their own choosing.

(c) All Warranties and indemnities contained in this Agreement shall survive the termination of this Agreement.

9. Copyright Infringement.

In the event that the copyright in the Work (the illustrations provided by the Illustrator, not the writing of the Author) is infringed or claimed to have been infringed, neither the Illustrator nor the Publisher will bring suit without first giving the other party prior written notice thereof and the opportunity to join in such suit. If the Publisher and Illustrator decide to take joint action, the expenses thereof and any recovery therefrom shall be equally divided between the parties, and the Publisher shall have sole and exclusive control of such action. If joint action is not decided upon within a time that is thirty (30) days after the date of giving written notice, the moving party may proceed, at its own expense. If the Illustrator is the party not desiring to join in such action, the Illustrator shall cooperate with the Publisher in all respects, and shall, upon request of the Publisher, permit the action to be brought or to proceed in the Illustrator’s name. In such circumstances, the Illustrator shall not share the costs or expenses, and at the time of recovery, shall receive ___% of what is recovered.

12. Post-Production. 

1. The Illustrator agrees not to alter, revise, or propose any changes to the Work after Final Delivery.

2. Publisher shall furnish the Illustrator with page proofs (“First Proofs”), including cover and typesetting. The Illustrator will have seven (7) business days to read, propose suggested changes, and return First Proofs after receipt thereof. Publisher shall furnish the Illustrator with revised proofs (“Final Proofs”), including cover and typesetting. The Illustrator shall have seven (7) business days to review and return Final Proofs.

3. The Illustrator shall be consulted on matters pertaining to the graphic design of Proofs, such as typography, jacket copy, and cover design. However, final decisions and costs incurred during the production of Proofs, both first and final, rest solely with the Publisher.

13. Marketing/Promotion. 

1. The Publisher may use the Illustrator’s name, likeness, and photograph, in addition to the Work itself, in connection with advertising, publicizing, licensing, and promoting the Book. The Publisher shall determine the price to be charged for the Book, and the style and manner of the publication and promotion of the Book.

2. If after one (1) year from the date of original publication of the Book hereunder the Publisher deems that it is overstocked with copies of the Book, the Publisher may dispose of such overstock at the best price obtainable. Publisher agrees not to remainder any copies of the Book until one (1) year from date of the original publication has passed.

14. Reversion of Rights to Illustrator.

In the event that the Book should be out of print for six (6) months or more in all editions, this Agreement will be automatically terminated, and the Publisher will grant, convey, and transfer all rights in the Book owned by the Publisher, except the rights to dispose of existing stock, to the Illustrator, with the condition that any license or contract pursuant to Paragraph 5 will remain in effect and the Publisher will continue after the termination to have the right to its share of the proceeds from such licenses or contracts. In addition, the Illustrator will have the option to purchase within thirty (30) days of the notice of termination any remaining copies of the Book in inventory at manufacturing cost, or negatives at fifty percent (50%) of the Publisher’s actual manufacturing cost.

15. Reports and Payments.

A clear accounting of all monies received by the Publisher from sales of the Book, or from licensing of rights for utilization of the Book by others, shall be provided by the Publisher to the Illustrator twice each year. On each September 1st, the Publisher will report on revenues received through the preceding June 30th; and on each February 1st, the Publisher will report on revenues received through the preceding December 31st. The Publisher will pay the Illustrator a royalty of (___%) based on Net Sales of electronic edition of the Book, should it decide to publish one, with Net Sales defined as the total amount invoiced and actually paid to Publisher less sale tax, when applicable. 

16. Illustrator’s Copies.

Upon publication of each edition of the Book, the Publisher will provide to the Illustrator, without cost, forty (40) finished copies of the Book. In addition, the Publisher agrees to sell to the Illustrator additional copies of the Book at a __________ percent (___%) discount off the member list price. The copies provided under this paragraph may not be resold. The Illustrator will be responsible for the Publisher’s usual and customary shipping charges.

17. Notices.

All notices, statements, and payments due the Illustrator under this Agreement will be sent to:

Name: 

Address: 

Telephone: 

Email: 

18. Binding Effect.

This Agreement will be binding upon and inure to the benefits of the heirs, executors, administrators, and assigns of the Illustrator and the successors and assigns of the Publisher. 

19. Assignment.

All rights and obligations of the Publisher under this Agreement are assignable, both individually and in their entirety. The Illustrator may assign the right to receive payments under this Agreement, but may not assign any other rights or obligations hereunder. 

20. Choice of Law.

This Agreement shall be governed by and construed in accordance with the internal laws of the State of _______________ without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction of the federal and state courts located in the city of __________________ and County of_________________, ________________ in any legal suit, action or proceeding arising out of or related to this Agreement or any Work.

21. Counterpart and Electronic Delivery.

This Agreement may be executed in counterparts which, when read together, will constitute one Agreement.  This Agreement may be executed by electronic signature, including, but not limited to, signature exchanged by facsimile or email, and all such signatures will be deemed, for all purposes, original signatures enforceable against the party so signing.

22. Termination.

Should either party materially breach any of the terms in this Agreement, then the first party may notify the party in material breach and request remedy. If the other party fails to remedy the material breach within thirty days (30) of notification, then the first party shall have the right to terminate this Agreement with thirty (30) days written notice. 

This Agreement constitutes the whole Agreement between the Illustrator and the Publisher and may not be modified except by the written consent of both parties.

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