Info & Examples

Hi Max,

I'm [name], [title of your role] for [magazine, anthology, or other project.] [Follow with short description of project.]

I found your work on [place] and I thought you could be a good fit for [us/(project name).] [Include fixed rate for illustrations if you have one, and details about how many illustrations will be needed.]

[If you have any particular pieces of mine you'd like to base the commission around, please mention them here. You can also mention general inspirations you have.]

[Describe rights you and I would have to the illustration, like if/when I can post the image on my portfolio and social media accounts].

[Finally, describe the turnaround time. At the very least mention when you'd like to see the final image, but if possible, mention when sketches are needed, and when the image will be made public.]

Best,

[Your name.]

Hi Max,

I'm happy you're interested in working with us! Here are the details:

What we need from you: [number of illustrations] [based on/for] [title of project, story, or article.] [Describe technical details, such as minimum pixel dimensions, DPI, portrait/landscape orientation, file format, and date when the illustration needs to be turned in.]

[State when a sketch needs to be turned in. If you have not already mentioned specific pieces of mine you'd like to base the commission around, you can mention them here. You can also send a moodboard, description, or list of inspirations.]

[Describe when and how the payment is sent. An overview is fine if your contract has more details.]

[Describe what I am allowed and not allowed to share on social media, ex.: "we ask you not to share either the story or sketches of the art with anyone else before the magazine issue goes up."]

[Describe the most important information to fill out in the contract.]

Best,

[Your name.]

[Please attach files like contracts and stories as .docx or PDF files. .docx files are preferred.]

Note 1: I am not a lawyer, and this is not legal advice. Instead, this contract is based on ones I've received from clients in the past, and which I have found easy to navigate and reasonable in their requests.

If possible, please hire a laywer to help you create a contract that fits your needs.

If that is not possible, and you do not already have a premade contract, please try to use this template, or base your contract off of it.

Note 2: In the 'Memorandum of Agreement' section, please underscore or highlight sections that are important and/or must be filled out, like prices and dates. In this example, they have been underlined

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Questionnaire for Artist

[Optional] Your legal name:

Name to use on published material:

Preferred payment method [Paypal, Stripe, Mail Check, other]:

Payment address [your Paypal email, if you chose that method]:

Name in which payment should be made [if different from other names listed]:

Postal address [if different from payment address]:

Email correspondence address:

[Optional] Please provide us with a short biography [approx. 50 words], including any links [your website, books] that you would like included:

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Memorandum of Agreement

This Agreement is made between [person or organization, with location listed], hereinafter referred to as [organization abbreviation] and ARTIST'S NAME, of ADDRESS, hereinafter referred to as the ARTIST. This agreement is for the ARTIST's sale and [organization abbreviation]'s purchase of material created by the ARTIST, hereinafter reffered to as the Work, for publication in [organization abbreviation]'s [description of project] entitled [project title.]

1. This clause defines what your Work is.

The ARTIST’s Work is an original, commissioned artwork created to the brief outlined in clause 2 below, to be provided to SHI as a suitable image file, no later than [due date.]

2. This clause is the brief for your Work.

[One or two sentence description of material requested.]

3. Print And Electronic Rights

This clause defines the publication rights you're granting to [organization abbreviation], and what [organization abbreviation] may do with them.

The ARTIST grants the following rights to [organization abbreviation]:

(a) first worldwide publication rights of the Work for inclusion in [project title.] [Optional: If work has not been published after a set amount of time, you can describe when rights to publish will revert back to me];

(b) the right to combine the Work with other material, and to publish, promote, market, display, and distribute the Work as a part of [project title]

(c) [optional, mostly applies to web publications] the right to allow readers to download the Work on their computers

[You can also offer an optional right to use the work in fundraising items, with a field here allowing the ARTIST to indicate No if they do not want that.]

4. Alteration Of Work

[Organization abbreviation] reserves the right to request minor amendments to ensure the Work meets the provided brief, and to make minor amendments (for example cropping) to best display the Work on [project title/location/etc.].

5. Copyright Notice

[Organization abbreviation] agrees to list a proper copyright notice for the Work in the name of the ARTIST. [Examples: at the end of the internet-published story, and, if published in print, on an appropriate copyright page.

6. Payment

This clause defines what [organization abbreviation] is exchanging with you for the rights you're granting [organization abbreviation].

For rights granted to [organization abbreviation] in this Agreement:

(a) [organization abbreviation] will pay the ARTIST [initial or total amount for their work] for the Work

(b) payment will be made within [time period] of the Work being executed and turned into [organization abbreviation] by the ARTIST

[optional, but highly recommended] (c) if the ARTIST’s Work has not been published within [time period] from the date of execution of this agreement, all rights revert to the ARTIST, and [organization abbreviation] will pay [amount] as a kill fee for the Work.

7. Exclusivity

This clause defines the terms of [organization abbreviation]’s exclusivity period vis-à-vis [similar publication forms, like magazines and anthologies.]

The ARTIST agrees not to publish or permit others to publish the Work in [languages] prior to its initial publication in [location], and for [set amount of time after publication], unless [list circumstances, such as your magazine or project winning an award, which may require material from it being published in other magazines or projects.]

8. Warranty

This clause states the promises you make to us about the origin and contents of the Work, and your promise to stand behind it and indemnify [organization abbreviation] if there's a problem.

The ARTIST warrants that, as of the date of executing this agreement, they are the sole ARTIST of the Work; that they are the owner of all the rights granted to [organization abbreviation] hereunder and have full power to enter into this agreement and to make the grants herein contained; that the Work is original and any prior publication of the Work in whole or in part has been fully disclosed to [organization abbreviation] and that to the best of the ARTIST’s knowledge the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm, or corporation.

Legal representation and the decision to settle will be made in consultation between the ARTIST and [organization abbreviation], and neither may proceed without the approval of the other, not to be unreasonably withheld.

9. Employment

This clause establishes your status as an independent contractor for [organization abbreviation].

The ARTIST acknowledges that the ARTIST is an independent contractor for all services performed under this Agreement. Nothing in this Agreement shall be construed as creating an employer/employee, principal/agent, or co-venturer relationship between the ARTIST and [organization abbreviation]. Accordingly, no tax withholding shall be made from payments to the ARTIST under this Agreement. The ARTIST shall not be entitled to receive any employment benefits, including without limitation vacation pay, sick leave, retirement benefits, Social Security, workers' compensation, disability, or unemployment benefits.

10. Interpretation

Regardless of its place of execution, this agreement shall be interpreted under the laws of [location].

11. Venue

This clause establishes the method and legal jurisdiction by which [organization abbreviation] will enforce the terms of this contract.

The parties agree that any action to enforce this Agreement shall first be pursued by mediation, and if an agreement cannot be reach, arbitration. If an agreement cannot be reached after both party’s good faith attempts at mediation and arbitration, this Agreement shall be brought in the appropriate [legal courts in location], and that such court shall have personal jurisdiction over each of the parties.

12. Amendment

This clause requires both of us to sign an amendment to change this agreement, and it also establishes which state's laws apply to this agreement.

This Agreement constitutes the entire Agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended only by a written agreement clearly setting forth the amendments and signed by both parties.

13. Void Provision

This clause establishes when this agreement will be severed.

If any term or condition of this Agreement is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this Agreement nor to void the Agreement as a whole.

14. Acknowledgement

The parties acknowledge that each party has read and understood this contract before execution.

Signed by [name], [role in organization]
[If signing on behalf of other people, such as project leads, please list them here]
[Name of organization or project], [date]

I agree to the terms stated in this Agreement
[Name of artist], Artist
[date]