Any illustration(s) or design(s) (henseforth referred to as the artwork) commisioned by a client to be executed by Thomas Kirkeberg (henceforth referred to as the illustrator) and agreed upon via e-mail, or other sources, either written or orally, is subject to the following terms & conditions within this work agreement, should no other special agreement or contract have been made.
It is the client’s duty to inform the illustrator of due dates in which the artwork(s) must be delivered. Should any delay occur by the illustrator, he must with no reasonable delay, inform the client. If the client change any due dates, the client must immediately inform the illustrator. If the client needs to expedite the work process after due dates have been agreed upon, either written or orally, the illustrator has the right to incur an express fee in order to make the new and shortened deadline. The illustrator will communicate an appropriate express fee to the client.
Fees for commisioned work will be agreed upon via e-mail. The fee will be due in total, to be payed by the client, after delivery of final artwork has been made by the illustrator. The illustrator reserves the right to demand 50% of the fee to be due after stage 1 in the work process has been approved. The remaining 50% will be due after final delivery.
Should the client cancel the commision after the illustrator has working on the commision, or decide not to publish the final artwork(s), the client will still be required to pay an adjusted fee based on how far in the work process the illustrator has come. An hourly fee will be communicated to the client, by the illustrator, should the artwork not reach Stage 1 approval. Should the artwork not reach Stage 2 approval, then 50% of the agreed upon fee will be due. If the client cancels the commision at any point after Stage 2 approval, then 100% of the fee will be due. Should the canceled agreement involve royalties a compensation fee will be agreed upon between the client and the illustrator, but must be based on the illustrator’s hourly fee and the hours total spent on the commision.
All rights to any orginal material, digital or physical, produced by the illustrator for the commision is the illustrator’s property. All fees are invoiced with 14 days payment deadline. Overdue payments will recieve interests, as required by law.
RIGHTS TO THE FINISHED PRODUCT
When the artwork(s) have been delivered and all fees are paid in full, the illustrator will transfer the right to the artwork(s) to the client, as specified and agreed upon by the client and the illustrator. The original artwork remain the illustrator’s property, unless otherwise is sated specifically in writing. This agreement must contain area of use intended by the client, which includes, but is not limited to book illustration, editorial illustration, merchandise, posters, etc. This agreement must specifiy if the client is to publish the work digital or in print. The client may not use the artwork in any other way, unless a new agreement is made with the illustrator.
If there has been no agreement made on geographical area the client would want to publish the artwork in, the client will recieve the rights for the artwork(s) to the country in which the client recide.
All rights transferred to the client is time limited to three years from delivery date, or when the agreed upon print circulation has been met, after which the rights revert back to the illustrator. If the client wants to republish the artwork after the rights have returned to the illustrator a new agreement must be negotiated.
If the client wishes to use the artwork(s) outside the original agreement, the fee is 50% of the original fee of the commision.
Any rights are renewed by three years, in which the rights revert back to the illustrator. The illustrator has the right to three free copies of the published product(s) that include the commisioned artwork(s).
The client may not under any circumstanses adjust or modify the artwork(s) without the illustrator’s written consent.
The illustrator retains the right to publish the artworks on his own website www.kirkebergillustration.com as well as in social media and to sell prints of the finished artwork or any orginals produced.
The illustrator has the right to be credited in the client’s finished product in a way and manner that is appropriate. Both parties are obliged to follow the copyright law. Both parties are obliged to inform the other about any changes to the agreement. This must happen in writing.
Any disputes in regards to this agreement and other written agreements between the illustrator and the client, unless any other agreement has been reached by both parties, must be tried in a norwegian court that is closest to the illustrator’s home residence.