COMMERCIAL TERMS OF SERVICE
These Terms of Service are relevant to COMMERCIAL projects and are subject to revising, editing, and additions without notice. For NONCOMMERCIAL terms of service please check here.
First you must commission a personalized piece from me or you can choose any of my pre-made artwork, which can be found in my gallery. (Note that not all pieces may be available for licensing, feel free to contact me about it)
- For Commissions, the general TOS apply. The first statement regarding image rights is only lifted AFTER the commission is finished and the license payed for.
- For Pre-Made images you can find more information here.
After that there is an extra fee for the image's royalty (commercial licensing), there are several options you may choose:
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2 year Non-exclusive license: Adds +30% of base commission price for a 2 year fixed term of non-exclusive licensing, for the first 1000 reproductions. After that this fee is reduced by 15% for each subsequent renewal.
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Perpetual Non-exclusive license: +60% of base commission price for the first 1000 reproductions.
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2-year exclusive license: +60% of base commission price. After this license is finalized it can either lapse into non-exclusive at the end of the set period, or can be renewed for exclusivity for another two years for 50% of the previous license fee.
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Perpetual exclusive license: +150% of base commission price for the first 1000 reproductions.
- Exclusivity means I can not profit off of the image (posters, t-shirts, etc) or sell its license to someone else. Only available for commissioned images, no pre-mades.
- If the image wanted is a Pre-made and not commissioned by the client, the price from which the royalty fee is based will be an estimate defined by the artist. The price of the image itself WON'T be charged, ONLY the royalty fee. The image CAN be adjusted and cropped to fit a format, fonts can also be added, but it wont be artistically altered (colors, composition, repainting,etc). Feel free to inquire about the availability of a specific piece and its licence price.
- Any of the options above is for printed copies, but also includes the use of the image for digital advertisement.
The details of the project in which the image will be used MUST be discussed with the artist. The artist reserves the right to reject licenses to any project that doesn't consider appropriate or fitting.
The commercial license allows the client to re sell products containing the image and profit from it. Pricing of the product containing the image is up to the client.
It is NOT permitted to re-sell watermarked or un-watermarked, unaltered versions of the digital image file. The image must be contained or be part of a physical or digital product, such as: Physical or digital book cover, music album cover art, game loading screen or cover art, physical prints, decoration, etc.
The image will be sent as a .png, .jpg or .psd file. In case of a pre made images .psd files wont contain layers and will be compressed. For commissioned images, if layer are required this must be noted up front.
The artist still reserves the right to share a low resolution, watermarked version of image on social media.
Payment:
-Payment for commission must be done full on the sketch approval stage.
-Payment of license must be done before receiving the un-watermarked full resolution image.
The client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By sending payment, the Client agrees to the above terms.
EXAMPLE:
For a non-exclusive license then your options would be the 2 year licence ($300 base commission + $90 first license) and perpetual ($300 + $180).
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First step, get the commission done: all prices below are estimated on a $300 piece.
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Second step, license:
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2 year license: 0-1,000 reproductions: starting license of $90. 1,000-2,000 reproductions, another $76.5. 2k-3k reproductions $65. This is aside of the renewal of 2 years, which is included in the first license and then the first renewal would be $90, the second $76.5 and so on. So, example: you want to make 5,000 copies and sell them inside a period of 2 years then it would be $300 base commission + $90 2 year license + $243.75 for extra copies. Second example, If you sell 500 copies in the first two years, you can renew your licence 2 more years for $76.5 and sell the remaining 500 copies. This may sound a lot of money to you but if we take the first example, then I'm actually making $0.09 of a dollar for each of the first 1,000 copies and $0,06 for each of the extra copies.
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Perpetual: 0-1,000 reproductions: starting license of $180. This licence would require no renewal, so there is no time limit, only a limit of copies.
The licence has to be payed every time it expires, due to copies or time. The commission is payed only once. Once the commission is done you may or may not license it, but I will not charge the price of the commission ever again.