ILLUSTRATION LICENSING AGREEMENT ================================ Disclaimer — not legal advice. This template is provided free of charge, as is and with no warranty of any kind, and using it creates no attorney-client relationship. It is jurisdiction-neutral: you are responsible for adapting it, for your own legal and tax compliance, and for having a qualified professional in your jurisdiction review it before you rely on it. Full terms: https://trycolo.co/terms-of-use This Illustration Licensing Agreement ("Agreement") is made on [EFFECTIVE DATE] between: Illustrator: [YOUR NAME / STUDIO NAME], of [YOUR ADDRESS], email [YOUR EMAIL] (the "Illustrator") Client: [CLIENT NAME / COMPANY], of [CLIENT ADDRESS], email [CLIENT EMAIL] (the "Client") ------------------------------------------------------------ 1. The commission ----------------- Item | Detail ----------------------- | ------------------------------------------------------------------------ Project | [PROJECT NAME, e.g. "Cover for [BOOK TITLE]" / "Spring packaging range"] Number of illustrations | [NUMBER] Subject and content | [DESCRIPTION] Style reference | [LINKS TO PORTFOLIO PIECES / BRIEF] Final size and format | [DIMENSIONS, RESOLUTION, FILE TYPES, e.g. 300 dpi TIFF + layered PSD] Color | [FULL COLOR / LIMITED PALETTE / BLACK AND WHITE] 2. Schedule and revisions ------------------------- Stage | Delivery date | Revisions included --------------------------- | ------------- | ---------------------- Sketches ([NUMBER] options) | [DATE] | [NUMBER] round(s) Color rough | [DATE] | [NUMBER] round(s) Final art | [DATE] | Minor corrections only 2.1 The Client gives consolidated feedback within [NUMBER] business days of each delivery. Late feedback moves later dates by the same amount. 2.2 Changes after sketch approval that alter composition or content are new work, billed at [CURRENCY] [RATE] per hour or quoted in advance. 3. Fees ------- 3.1 Creative fee: [CURRENCY] [AMOUNT], for producing the artwork. 3.2 Usage fee: [CURRENCY] [AMOUNT], for the license in clause 4. 3.3 Payment schedule. Payment | Due | Amount ----------------------- | ------------------------ | ----------------------------- Deposit | On signing | [PERCENTAGE]% of creative fee Balance of creative fee | On delivery of final art | [CURRENCY] [AMOUNT] Usage fee | On delivery of final art | [CURRENCY] [AMOUNT] 3.4 Invoices are due within [NUMBER] days. Overdue balances carry interest at [LATE PAYMENT RATE] or the maximum permitted by law, if lower. 3.5 Kill fee. If the Client cancels: before sketches, the deposit is retained; after sketches, [PERCENTAGE]% of the creative fee is due; after final art, 100% of the creative fee is due. No usage rights are granted on cancellation, and all artwork remains with the Illustrator. 4. License grant ---------------- 4.1 On payment in full, the Illustrator grants the Client the following license to reproduce the final artwork: Dimension | Grant ------------------------- | --------------------------------------------------------------------------------------------------------- Media | [e.g. print book cover and e-book cover; publisher's website and social media for promotion of the title] Territory | [COUNTRY / REGION / WORLDWIDE] Term | [e.g. 2 years from first publication / life of the first edition / single use] Exclusivity | [NON-EXCLUSIVE / EXCLUSIVE WITHIN [CATEGORY] / FULLY EXCLUSIVE] for the term Quantity limit | [e.g. print run up to [NUMBER] copies / up to [NUMBER] units / no limit] Specific product or title | [PRODUCT / TITLE] 4.2 Any use not listed in clause 4.1 requires a separate written license and fee. This includes, unless listed above: merchandise, advertising campaigns, packaging, outdoor, broadcast, animation, use on other products or titles, and sublicensing. 4.3 The Client may not sublicense, sell or transfer the license, except to [PRINTERS / AGENCIES / DISTRIBUTORS] acting on its behalf for the licensed use. 4.4 Extension. The Client may extend the term by [NUMBER] years for [CURRENCY] [AMOUNT / PERCENTAGE OF USAGE FEE], by notice before the term ends. 5. Modifications ---------------- 5.1 The Client may resize and crop the artwork to fit the licensed layout and add type and logos around it. 5.2 Any other change, including recoloring, adding or removing elements, distorting, combining with other images, or animating, requires the Illustrator's written approval. 5.3 The Client may not use the artwork, or any part of it, to train, fine-tune or prompt machine learning or image-generation systems, or include it in any dataset for that purpose. 6. Credit --------- 6.1 The Client will credit the Illustrator as: "[CREDIT LINE, e.g. Illustration by [YOUR NAME]]" in [LOCATION, e.g. the copyright page / caption / product listing], where credits are customarily given. 6.2 Accidental omission of credit is not a breach if corrected in the next print run or within [NUMBER] days online. 7. Copyright and reserved rights -------------------------------- 7.1 The Illustrator keeps the copyright in the artwork, sketches and all preliminary work. 7.2 The Illustrator may use the artwork in its portfolio, website, social media, competitions, exhibitions and books about its work, [AFTER THE CLIENT'S FIRST PUBLICATION / IMMEDIATELY]. 7.3 During any exclusive term, the Illustrator will not license the artwork to third parties within the exclusive scope. 7.4 Unused sketches and concepts remain the Illustrator's property and may be used elsewhere. 8. Originals ------------ 8.1 Physical original artwork, if any, remains the Illustrator's property and is returned within [NUMBER] days after reproduction. The Client is responsible for loss or damage while originals are in its care, valued at [CURRENCY] [AMOUNT]. 9. Warranties ------------- 9.1 The Illustrator warrants that the artwork is original and, to its knowledge, does not infringe third-party rights, except for reference material supplied by the Client. 9.2 The Client warrants that it holds the rights to any material it supplies (photos, logos, text, characters) and is responsible for claims arising from that material. 10. Termination --------------- 10.1 Either party may terminate for material breach not remedied within [NUMBER] days of written notice. 10.2 If the Client breaches the license terms or fails to pay, the license ends and the Client must stop new uses of the artwork. 11. General ----------- 11.1 Each party's total liability is limited to the fees paid under this Agreement. 11.2 The Illustrator is an independent contractor. 11.3 Governing law: [GOVERNING LAW]. Venue: [JURISDICTION / VENUE]. 11.4 This is the entire agreement. Changes, including additional licenses, must be in writing. ------------------------------------------------------------ Signatures ---------- Illustrator | Client ------------------------------- | ------------------------------- Signature: ____________________ | Signature: ____________________ Name: [YOUR NAME] | Name: [CLIENT SIGNATORY NAME] Date: [DATE] | Date: [DATE] ------------------------------------------------------------ How to use this template 1. Price the creative fee and the usage fee separately before you fill in clause 3. 2. Complete every row of the license table in clause 4.1; leave nothing as "TBC". 3. Decide what modifications you will allow and keep or remove clause 5.3. 4. State an extension fee in clause 4.4 so renewals are simple. 5. Have a professional review your completed version once for your jurisdiction. Template provided by Colo (trycolo.co). Not legal advice — review with a qualified professional in your jurisdiction.