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Old 01-05-2007, 04:04 PM
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greendragon greendragon is offline
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First time contract for book cover (yay!)

OK, I'm brand new at this book cover thing. I was contacted by the author via email - he saw my website and liked what he saw. He is a self-published author, is on his third book, and wants me to do the cover art.

We have a good rapport - he was a CPA and I am one, and we both like dragons He told me what he wants for the cover, and the format/size, etc. He has no problem with non-exclusive rights, and offered $1000 for the use of two formats of the cover (one for US, one for China bilingual edition). It will be digital, we've agreed on the size, and I've written up a contract.

Can anyone tell me if I'm missing something major? Here is what I've done so far. Thanks for any help or advice!:





LETTER OF AGREEMENT
I hereby grant (Name of other party) the non-exclusive right to use the following artwork on his books:

(list titles of artwork)

I agree to deliver my artwork to (name of other party) as a 300-DPI graphics file (.TIF format or .JPG at highest resolution) in 8”X11” format, and another in 16”X9” for the Chinese edition via FTP, CD-ROM, or other mutually agreed upon delivery method. I will also provide a smaller version for use on the internet.

All rights to the original artwork remain with me, including but not limited to all poster, print, and other display use rights. (Name of other party) has the rights to print the artwork on his initial publication of the book in the US and in China. The payment for this use will be $1000.00, with a deposit of $250.00 due upon the approval of initial sketches. The remainder will be due upon the approved final pieces. In addition to the cash payment, I will be due two (2) copies of the published work.

Subsequent publiciation of the book in these or other markets or formats (such as CD-ROM) will be subject to an additional fee of $100.00 per publication. (Name of other party) has the rights to use the image in promotional material for his publication, including on websites and in catalogs.

I will be credited on the back cover or inside the book as the cover artist.

I hereby affirm that all artworks covered under this agreement are original and created by me, that I own the rights granted under this agreement, and that the rights granted hereunder are not encumbered by any other agreement which would conflict with this agreement. I indemnify and hold harmless (Name of other party) from any fees or damages resulting from a finally sustained lawsuit brought against the use of my artwork due to plagiarism or other theft.

Sign here: ______________________________
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http://www.GreenDragonArtist.com

Last edited by Diane Cutter : 01-06-2007 at 09:03 AM.
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Old 01-08-2007, 03:44 PM
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Rusalka Rusalka is offline
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Re: First time contract for book cover (yay!)

All I have to say is that's a very sweet deal for you! Especially as this comes from a self-published author - that is close to a professional publisher's deal; I hope you are careful about payment and take care that this is not a scam.

Also, what is considered a new "publication" that would initiate another $100 fee? If he puts out cd-roms, what is the beginning and end of the "publication".

I'm only urging caution because you were contacted out of the blue by a guy who saw your website and wants to offer you fabulous conditions...such has been the start of many a scam for artists on this board.
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Old 01-08-2007, 04:11 PM
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madster madster is offline
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Re: First time contract for book cover (yay!)

Take out ALL "I"s, "me"s and "my"s, except for the beginning "I" that starts the legal sentence of "I hereby affirm" last paragraph, and use your full name, just as you use the name of the other party, instead of "he," "his," or "they..."

Do not open end republication rights. Stipulate within a specific time frame, such a 3-5 years, and put an end date down in print.
As Rusalka asked, and which should be stipulated is the number of books to be published, and the number of CD's to be produced under this contract. ANy and all subsequent publications are subject to an additional $100 per press run, regardless the medium.
Specify that "promotion" publication is limited to press releases, catalogs, and web pages. Specify that this agreement does not cover any additional forms of promotion (like t-shirts, posters, coffemugs, calendars, etc...) without re-negotiation with the artist.

Eliminate "I will be due." Payment will be two (2) copies of each version, English and Chinese, of the book, upon publication, and a cash payment of $1000.00 (One thousand and no dollars). Cash payment will be an initial deposit of $250 (Two hundred fifty dollars), with the remainder due upon approval of the initial sketches.

Congratulations! May this be just the first of many such deals for you!

~M
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Old 01-08-2007, 06:14 PM
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greendragon greendragon is offline
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Re: First time contract for book cover (yay!)

Awesome- great points, I will fix those. I'm trying to go careful on this, which is why I'm asking for some of the cash up front
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Old 02-23-2007, 10:39 AM
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OtterTail OtterTail is offline
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Re: First time contract for book cover (yay!)

Congratulations!

I wish I had thought to come here with questions myself. I also was contacted out of the blue for a book cover by a self-publishing author (2nd book) who had stumbled upon my website and liked my work. I drafted a contract along the lines of yours, but I'm sure mine has way more holes since I was not clever enough to come here for advise like you were . I got a fraction of your price, but also required part upfront (upon signing of the contract) and the rest upon finalizing of the digital files (before I delivered them). I did a few changes for free and charged him a nominal fee for the last. It was my first experience with anything like this, so even though I did not make a great sum I was happy with the deal we struck.

The author and I also have a good rapport and (so far) I think it worked out well for both of us. He is a regular guy who likes to write as a hobby - no scamming involved. He had decided to try to get his book published vs self-publishing last I heard from him, so the book is not in print yet. But I did my job as promised and he paid promptly and it was basically lots of fun.

Good luck and best wishes. It sounds like you got a great deal ($$). I learned a lot from reading your contract and the advise for changes which I will put to good use if I ever have the opportunity again. Thanks for sharing it!
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Old 02-24-2007, 02:58 PM
Costas Costas is offline
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Re: First time contract for book cover (yay!)

Hi.
Try to get 50% non refundable advance. This should cover ALL you actual work. So in case they "play up" at least you have not lost you hours. The balance MUST represent your clear profit. Never use the term ..the remainder will be due upon the approved final pieces. Remember they ALREADY have approved the
roughs, and they gave you the Go ahead by means of part payment.
Say something like this:...with the balance paid at the day of handing the package as described herein. everything else as madster suggested
and you should be OK
Regards
Costas
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