Contracts 101 - Resource Guide for Artists

[aeshnidae]

Also, keep in mind that you can use one of the earlier posts in this thread to put together a commission contract, and you can simply add the appropriate license grant language into that contract. You don't necessarily need a separate license agreement.

[aeshnidae]

Here's a demand for payment template. Remember, everything in [BRACKETED ALL CAPS] needs to be replaced, and the ALL CAPS language needs to be deleted.

[INCLUDE THE FOLLOWING IN THE HEADER OR OTHERWISE ABOVE THE DATE] For Settlement Purposes Only

[DATE]


[CLIENT ADDRESS]

Via Certified Mail [NOTE: YOU SHOULD SEND THIS VIA CERTIFIED MAIL WITH RETURN RECEIPT. IF YOU GO TO SMALL CLAIMS COURT, YOU WILL NEED THIS.]

Re: DEMAND FOR PAYMENT, Contract # [insert number]

Dear [CLIENT NAME],

The purpose of this letter is to demand payment for debts owed to [YOUR NAME] (“Cartographer”) under the above-referenced [INSERT TYPE OF CONTRACT, SUCH AS COMMISSION AGREEMENT or COPYRIGHT LICENSE AGREEMENT] (the "Contract"). As stated in the Contract, you agreed to pay Cartographer in the amount of [INSERT PAYMENT AMOUNT]. To date, Cartographer has received [INSERT AMOUNTS RECEIVED] of the total required payment.

If you do not submit the payment, as required by the Contract, Cartographer will pursue all available rights and remedies, at law or in equity. Cartographer prefers to give [CLIENT NAME OR YOU] the opportunity to settle this matter informally before pursuing available remedies. Accordingly, to fully settle this matter, please (a) contact Cartographer within two (2) business days of your receipt of this letter to confirm receipt; and (b) remit payment for the amounts due to the Cartographer within ten (10) business days of your receipt of this letter.

Please note that if Cartographer is required to commence legal proceedings in order to secure repayment of the debt owed, this letter will be tendered as evidence of your failure to attempt to resolve this matter. Further, you may be liable for court costs, attorney’s fees, and damages.

Sincerely,

[YOUR NAME]
[YOUR ADDRESS]

Encl. [OPTIONAL: ENCLOSE COPY OF THE CONTRACT AND/OR INVOICE]

[ChickPea]

I've made this thread a sticky. There's far too much useful information for it to be buried among older threads.

[aeshnidae]

I've made this thread a sticky. There's far too much useful information for it to be buried among older threads.

Fantastic! Thanks, ChickPea! I'll continue to add to this thread as things occur to me, or if anyone has questions. Like I said earlier, I can't provide specific legal advice (unless you happen to live in Maryland) but I can provide "guidance" that applies more broadly, and that's generally a good work-around that lets me help out here while not violating any professional ethics requirements.

[TaniaGomesArt]

Wawww, this is pure gold. I've been trying to find a "how to" to create license agreements.

I've been doing commissions for a while without any licensing contract.
Most of my clients are really amazing people but is better safe than sorrow. And to some, especially the ones o want maps for RPG's and need the commercial right, it's really important for their own protection. They are paying me extra for that commercial right and I completely understand they don't want me on their back in a year or two asking for some kind of payment Not that I would do that, but they don't know me right?

Thank you so much, I will use this to make the 2 licensing agreements that cover most of what I do.

[aeshnidae]

Happy to help, MysticWings! It's definitely a plus to have a license in place for commercial work.

[aeshnidae]

This only applies to US residents. US courts will respect the Berne Convention on intellectual property rights for copyrighted works created by non-US residents.

Just a heads up, in late March 2019, the US Supreme Court reaffirmed that in order to sue for copyright infringement in the United States, your copyright must be registered with the US Copyright Office. If you have not registered your copyright, you still own copyright in your works and other people have no right to use your copyrighted works, but you can't actually sue for infringement unless your copyright is registered. (You can recover for infringements that occur prior to registering your copyright, though.)

The fee to register online, for basic protection, is $35. See the US Copyright Office FAQ and the US Copyright Office Fees, particularly page 7.

The Supreme Court case is Fourth Estate Public Benefit Corp. v. Wall-Street.Com.

[Darkmage1337]

Good to know! Thanks for the update!

[aeshnidae]

I've attached Word versions of a template commission contract, as well as a sample (basically I filled out the template). Hope these are helpful! I will upload a template license agreement in the next few days.

[ladiestorm]

Thanks Ashnidae! These things really come in handy!!!!