Terms and Conditions
Ownership of copyright / license GRANTED
1. The ownership of the copyright of the artwork commissioned by the Client remains vested with the Illustrator.
2. The Client or the Client's customer (where the Client is acting as an intermediary) is granted an exclusive license to reproduce the artwork solely for the purposes set out in Beehive's acceptance of commission unless otherwise agreed in writing by the Illustrator (through Beehive) and the Client. If the acceptance or commission is silent, the Client or the Client's customer, is granted an exclusive license for one time use in the United Kingdom only.
3. During the currency of the license Beehive Illustration 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.
4. Where use of the artwork is restricted, the Illustrator (through Beehive) will normally grant the Client or the Client's customer a license for use for other purposes subject to payment of a further lee in line with current licensing rates to be mutually agreed between the Illustrator (through Beehive) and the Client.
5. The license hereby granted to use the artwork is contingent upon Beehive Illustration having received payment in full of all monies due and no reproduction or publication rights are granted unless and until all sums due under this agreement have been paid.
6. The license 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 (through Beehive) consent
7. The Client shall pay invoices within 30 days of their receipt. The Illustrator (through Beehive) may charge interest on any balance unpaid after 30 days from the date of the invoice.
8. If a commission is cancelled by the Client through no fault of the Illustrator. the Client shall pay a cancellation lee as follows:
- 25% of the agreed fee if the commission is cancelled before delivery of roughs;
- 33% of the agreed fee if the commission is cancelled at the rough stage;
- 100% or the agreed fee if the commission is cancelled on the delivery of artwork;
- pro rata if the commission is cancelled at an intermediate stage.
9. In the event of cancellation. ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client's visual or otherwise agreed.
10. The Illustrator (through Beehive) shall use her/his best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client (through Beehive) 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 failing to meet the agreed date.
11. The Illustrator shall not be held liable for any consequential loss or damages arising from the late delivery of the artwork.
12. 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 Beehive within 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
13. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
- 25% of the agreed fee if the artwork is rejected at rough stage;
- 50% of the agreed fee if the artwork is rejected on delivery
14. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the illustrator unless the artwork is based on the Client's visual or otherwise agreed.
15. If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional payment for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
16. No distortion or cropping shall be made to the reproduced image without prior notice to or consultation with the Illustrator.
17. 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.
18. 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
19. The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
20. The illustrators original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator.
21.The Client shall return all artwork to the Illustrator not later than 6 months after delivery in undamaged, unaltered and un-retouched condition although the Client may make and retain transparencies or scans to enable it to exploit the rig his granted in the artwork.
22.If the artwork is lost or damaged at any time whilst in the Client's custody (which shall mean any time between delivery of artwork to the Client and its safe return to Beehive) the Client shall pay compensation to the Illustrator for the loss/damage of the artwork at a rate to be agreed or, in default agreement, decided by Ethics Committee of the Association of Illustrators.
23.The Client shall not be liable for any consequential loss or damages arising from loss or damage to the artwork.
Credits I Moral rights
24. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity Samples
25. Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work
26. 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.
27. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.