Commissioned Artwork : Terms of Service

Contact: emma@inklingart.com

If you wish to commission artwork for a commercial project, you will likely need a custom contract and specific licensing. Email me! 

This document is intended as a public information resource, to give new clients some general idea of what to expect. Any specific contract or agreement signed for a specific commission takes priority over anything written here. 

 

  • Payment
    Payment for most contracts is required up front before work begins. Installments may be acceptable in some cases for more involved and expensive work.
  • Revisions
    It is the client’s responsibility to voice any concerns during the review stages.

    Particularly with watercolors and ink, there are points of no return where the image must be created over from scratch. Revisions that require a “do over” because the client didn’t

  • This is NOT “Work for Hire” unless the contract specifically says so.
    “Work for Hire” is a very specific legal term which makes the unusual alteration of assigning authorship of the artwork to the client, rather than the artist. If you don’t know what that means, you probably don’t need “Work for Hire.”

    If you do need “Work for Hire,” it will raise the price significantly and I reserve the right to decline commissions that are only offered as “Work for Hire.” Most projects do not need “Work for Hire” arrangements, even when you wish to claim exclusive rights to protect your branding. Please discuss your company’s needs with me.

  • Copyright and Licensing
    In US copyright law, the copyright ownership of the image automatically rests with the person who created it. I do not claim any rights over your characters or other intellectual property. By commissioning me, you are asserting that you have the legal right to license that intellectual property to appear in the artwork.

    At a minimum I grant a “personal use” license to the client on all commissioned work. This covers anything that non-businesspeople would ever do with custom art, and is defined chiefly by its lack of connection with commerce. Use it in your profile pictures and avatars, on your personal blog or Facebook profile, in your own family’s christmas cards, etc. I’m absolutely expecting that, and I endorse it! Just don’t commercialize it. For example: printing cards to sell, or taking out advertisements for your products or business featuring the art. If you decide you do want to do that later, you can purchase an additional commercial license at any time!

    To use commissioned artwork in a commercial capacity, additional licensing is needed. This is usually discussed along with the price of the custom art, and a description of the intended commercial uses will be clearly stated in a contract. Expanded licenses can also be purchased later if needed.

  • Ownership of Original Artwork
    If you are commissioning a watercolor or other “real media” artwork, there will be a real painting.

    Digital artwork has no complete physical counterpart. If there are traditional inks, they may be purchased in addition to the digital commission and shipping must be paid.