Agreement between Illustrator and Aquent Magazine
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Illustrator's Agreement
for working with Aquent Magazine (www.aquentmagazine.com)
This is an agreement between Aquent Magazine (www.aquentmagazine.com) (hereafter
referred to as "client") and the following illustrator: __________________________
(hereafter referred to as "illustrator"). This is not a contract for a specific illustration —
those will usually be governed by oral agreements and/or by email instructions. Rather,
this is an overall agreement to govern any and all illustrations done for the magazine by
this illustrator in the future.
1. STYLE:
Illustrator will work in his or her usual style, or the style agreed upon with the magazine
for that assignment.
2. DEADLINE:
Illustrator will deliver the illustration promptly by the agreed-upon deadline. If the
illustrator cannot deliver by that date, and fails to inform client in advance and receive
approval for a delayed deadline, then the client may at its option refuse to accept the
illustration without incurring any obligation to pay a kill fee.
3. LOGISTICS:
If the illustrator works traditionally, he or she will deliver the actual illustration to the
client, who will scan and then return it to the illustrator. If the illustrator works digitally,
then the original RGB file at its full resolution will be delivered to client (unflattened if
there are layers). The client will downsample, flatten, and otherwise prepare the file for
the Web. The illustrator will not deliver a GIF or JPEG or other lossy-compressed file
format to the client.
4. SIGNATURE:
The illustrator will deliver his or her signature to the client on a separate piece of paper, or
as a separate digital file. The client will digitally superimpose the illustrator's signature on
the illustration during the production process; the signature will not be placed directly on
Initialed:
_____ (for Aquent Magazine)
_____ (for illustrator)
Agreement between Illustrator and Aquent Magazine
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the illustration itself by the illustrator. The reasons for this are technical, and can be
explained to the illustrator if desired.
5. COPYRIGHT:
The illustrator owns and retains the copyright to his or her illustration. However, the
illustrator will not place a copyright notice on it, as this would be visually obtrusive.
Client's generic copyright notice at the bottom of the page will protect the illustrator's
copyright in the specific illustration.
6. MATERIALS USED:
The illustrator agrees not to use any photographic or illustrational elements (including
clip art and stock photos) that were not created by the illustrator, or do anything else that
might create a copyright-violation problem for the client, unless the client is informed in
writing (or by email) first and approval to proceed is given. The illustrator warrants that
the rights to all materials used in the illustration are "owned" by the illustrator, and the
illustrator takes full responsibility should he or she cause any copyright violations.
7. WEB RIGHTS BEING PURCHASED:
In return for the payment agreed upon, the illustrator grants to Aquent Magazine the
right to use this illustration on its Web site for as long as client wishes. Also, illustrator
will not grant any other Web site the right to use this illustration for any purpose, for a
period of one (1) year. The only exception to this is that the illustrator may place the
illustration on his or her own Web site, provided that site is a self-promotional "portfolio"
site displaying only the illustrator's own work, and is not the site of any agency nor a site
that also displays work by other illustrators. In addition, if illustrator displays his or her
work on a self-promotional site, he or she will also place a notice adjacent to the
illustration that says:
Client: Aquent Magazine
... or something similar, and those words shall be a link to the Aquent Magazine home
page (www.aquent.com) or to the page on the Aquent site where the illustration is used.
Initialed:
_____ (for Aquent Magazine)
_____ (for illustrator)
Agreement between Illustrator and Aquent Magazine
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8. PRINT RIGHTS:
(a)
Right of First Refusal: Illustrator grants Aquent Magazine "Right of First Refusal"
to the illustration for print purposes. This means that if illustrator is ever
contemplating reselling specific rights to the illustration to any other client for
print use, or selling the copyright to the illustration to another client (see next
clause), then illustrator must first inform Aquent Magazine and give Aquent the
opportunity to match the offer or make a counter-offer, if Aquent chooses to do
so.
(b)
Buy-outs: Aquent Magazine always retains the right to "buy out" the illustration
(acquire the copyright) for an amount equal to triple the original purchase price.
This right can only be lost if illustrator has sold the copyright to another client
first, after giving Aquent Right of First Refusal and having Aquent decline.
9. NON-COMPETITION:
Notwithstanding anything said in previous sections of this agreement, under no
circumstances will illustrator ever grant any right to use this illustration to any competitor
of Aquent Inc. or its subdivisions. "Competitor" refers to any company in the staffing
business, including but not limited to talent agencies, temporary agencies, employment
agencies, recruiters and headhunters; and "competitor" also refers to online or print
magazines specifically targeted at "independent professionals," "freelancers," etc.
Signed:
_____________________________________
Editor sign name (for Aquent Magazine)
________________________________
Date
_____________________________________
Editor print name
________________________________
Date
_____________________________________
Illustrator sign name
________________________________
Date
_____________________________________
Illustrator print name
________________________________
Date