Artist Work-for-Hire Agreement

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This Artist Work-for-Hire Agreement is used when hiring an artist to create artwork for a home, office or commercial building. This agreement sets out the specific details of the arrangement and can easily be tailored to fit your unique needs.

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This Artist Work-for-Hire Agreement is between an artist and an individual or entity (also known as assignee) who desires to hire the artist for the creation of works of art. This agreement sets out the details of the arrangement including the specific works to be created, how much the artist will be paid and if the artist will be reimbursed for expenses. It also contains a provision which assigns all works produced by the artist to the assignee. A well-written Artist Work-For-Hire Agreement will prove invaluable in the event there are disagreements, misunderstandings or litigation between the parties.

This Artist Work-for-Hire Agreement includes the following provisions:
  • Parties: Sets out the name and address of the artist and the assignee;
  • Recitals: Sets out the business of the assignee and that artist desires to create artwork for the assignee;
  • Completion/Review and Approval of Artwork: Sets out that all artwork must be completed within the timeframe as set out in an attached exhibit. The assignee also has the right to review and approve the artwork prior to its completion;
  • Payment and Expenses: Sets out the compensation the artist will be paid for the artwork and that assignee is responsible for the payment of all expenses;
  • Royalties: Artist is also entitled to a percentage of royalties received by assignee and this structure is set out on an exhibit to this agreement;
  • Signatures: Both artist and the assignee must sign this agreement in the presence of witnesses.

Protect your rights and your property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Artist Work-for-Hire Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Artwork Agreement











This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Artwork Agreement  











General Information
Artwork Agreement 

This Artwork Agreement is between an artist and an individual or entity (also known as assignee) who desires to hire the artist for the creation of works of art.  This agreement sets out the details of the arrangement including the specific works to be created and produced, reimbursement for expenses and how much the artist will be paid for the works.  It also contains a provision which assigns all works produced by artist to the assignee.  

It is important that this type of business arrangement be clearly set forth in writing.  A well-written Artwork Agreement will prove valuable if there are disagreements or misunderstandings between the parties regarding the production and ownership of the works of art.

  



Instructions and Checklist


Artwork Agreement  

   The parties should read the document carefully.

   Insert all requested information in the spaces provided on the form.

     This form includes exhibits which should be attached and incorporated as part of this agreement.  

   Read the "Payment" and "Method of Payment" provisions carefully and payment toward services structure as set out on Exhibit C.  If the payment structure is complicated, describe it fully and include examples to remove as much ambiguity as possible.  

   Read the "Royalty" provision carefully and the payment of royalties as set out on Exhibit D.  Describe this provision fully and include examples to remove as much uncertainty as possible.  

   Read the "Assignment of Rights" provision carefully.  If there are disagreements, they will likely focus on this provision.  If the assignment provision is complicated, describe it in detail.

     This form contains the basic terms and language that should be included in similar agreements.   

     This agreement must be signed by both the artist and the assignee.

   The parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  




   




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ARTWORK AGREEMENT

   This Agreement is made on the ______ day of _____________ 20_____ by and between:

PARTIES:
1.   Name: _____________ having address at _________________, hereinafter referred to as the “Artist.

AND

2.   Name: _____________ having address at _________________, (if company, insert: incorporated in the State of __________ USA, having its place of business at _____________ represented by its authorized representative _____________________) hereinafter referred to as the “Assignee.

RECITALS:
A.   The Artist is a professional who is engaged in doing _________________________.
B.   The Assignee is an individual (or entity) involved in the business of ________________.
C.   The Assignee is interested to use professional experience and knowledge of the Artist in creating Artwork as per requirement.
D.   The Artist is desirous to create Artwork for the Assignee.
E.   Both parties being desirous to work together have decided to enter into this Artwork Agreement (hereinafter referred to as the “Agreement”).
For the reasons set forth and in consideration of the covenants and promises of the parties hereto, parties agree as follows:

1.   SERVICES

1.1.   The Artist hereby agrees to create specific Artwork for the Assignee under this Agreement. (the “Artwork”).
1.2.   A list of services that the Artist is to be performed under this agreement is produced as EXHIBIT A attached hereto.

2.   TERM

This Agreement shall commence on the date of execution of this Agreement and shall be continued for a period of __________ years (or as perpetual). 

3.   COMPLETION OF ARTWORK

3.1.   Each Artwork shall be completed within a specified period of time as agreed by the Parties which is more specifically stated in EXHIBIT B attached hereto. 
3.2.   Any extension of time period shall only be made by the written consent of the Assignee.  

4.   UPDATING THE WORK

Artist shall update the progress of the Artwork to the Assignee on specific interval as mutually agreed by the Parties under this Agreement. Such time periods, if any, are to be included in EXHIBIT B to the Agreement.

5.   REVIEW OF ARTWORK

The Assignee will have the right to review the Artwork and suggest reasonable recommendations and the Artist may be required to do or make such changes as necessary by consultation with the Assignee.

6.   APPROVAL OF ARTWORK

6.1.   Prior to completion of the Artwork, the Assignee may be provided with the sample of the Artwork for approval.
6.2.   In case the Assignee is not satisfied with the Artwork, the Artist is required to make changes or redo the Artwork in a manner found appropriate by both parties after consulting with each other.

7.   EXPENSES

7.1.   Assignee agrees to reimburse the Artist for all reasonable production expenses and related costs for the creation of the Artwork under this Agreement.
7.2.   Such expense shall be documented on invoices and in no event shall any expense exceed $_____ without the prior approval from the Assignee.  

8.   PAYMENT

8.1.   The Artist shall be entitled to remuneration for Services performed under this Agreement.
8.2.   Payments towards Services under this Agreement are more specifically described under EXHIBIT C attached hereto. All payments towards the Services rendered by the Artist shall be made in USD.

9.   METHOD OF PAYMENT

9.1.   The method of payment under this Agreement shall be by checks or credit cards or such other payment methods as agreed by the Parties from time to time. 
9.2.   In case of any delay of payment towards any Services or other amounts due to the Artist upon the completion of the obligation under this Agreement, such defaults shall carry an interest at ___% per annum until the settlement of the account.

10.   ASSIGNMENT OF RIGHTS

10.1.   The Artist hereby sells, assigns, transfers and sets over unto the Assignee the Artwork and each and every arrangement, adaptation and version thereof, together with the universe-wide copyright thereof, throughout the entire universe, and all rights of whatsoever nature, both legal and equitable therein, thereto and thereunder including but not limited to the sole and exclusive universe-wide publication, commercial rights, (mechanical instrument, electrical transcription, video cassette and recording and the right of public performance) for profit by any and all means, and through any and all media, and the right to arrange and adapt and all other rights now known or hereafter to become known.  
10.2.   The Artists hereby accept to execute such formal written assignment thereof to the Assignee, as may be required by Assignee, subject to the terms of this Agreement.(Artist shall have a limited right to use or present the Artwork as his work to his work profile in relation to the Artists work promotional activities.)
10.3.   The Artist hereby acknowledges that the Artist was hired by the Assignee to work under a contract with the Assignee for remuneration for the performance of the Artwork.
10.4.   The Assignee shall have the right to assign its right under this Agreement subject to limited right of the Artist under this Agreement.

11.   ROYALTY

11.1.   Artist shall be entitled to a percentage of Royalty on net profits received by the Assignee by the commercial use or sale of the Artwork or Services rendered by the Artist as per the Agreement.
11.2.   The payment of royalty as per this Agreement shall be more specifically described in EXHIBIT D attached hereto.

12.   RIGHTS AND DUTIES OF ASSIGNEE

12.1.   The Assignee shall have the exclusive right to reproduce, publish, market and advertise the Artwork or Services performed by the Artist under this Agreement. 
12.2.   Assignee is responsible to ensure that the Artist receives payments towards Royalty as stipulated and specified under this Agreement.

13.   RECORD

13.1.   As per this Agreement, the Assignee will be responsible to keep accurate records of the proceeds from the sale of the Artwork specifically performed under this Agreement and any other related Services rendered by the Artist through which profit is generated by the Assignee.
13.2.   The Artist may be entitled to access those records related to the use or sale of the Artwork, if necessary, after giving one weeks prior notice to the Assignee.
13.3.   The Assignee shall duly provide monthly statements of such records related to the sale of the Artwork to the Artist without any default.

14.   ACCOUNTING AND TIMING OF ROYALTY PAYMENTS

14.1.   The Assignee shall be duly responsible to furnish the Royalty Statements related to the sale of the Artwork to the Artist within 30 days, starting from 1st day of each month, for the previous month.
14.2.   Such Royalty Statements and payments to the Artist shall be deemed to be final unless written notification by the Artist to the Assignee is made within one month of receipt of such Royalty Statements specifying the reasons for such non-acceptance.
14.3.   Upon such written request by the Artist to the Assignee, the accounting books of the Assignee which involve the Gross Sale and related Royalties of the Artwork shall be made available to a certified public accountant designated by the Artist.    

15.   RELATIONSHIP BETWEEN PARTIES

15.1.   As per the Agreement, labels on the Artwork shall bear the name of the Assignee.
15.2.   All printed material related to the Artwork shall bear the names of the copyright registrants, if any, or shall bear the name of the Assignee.
15.3.   The Assignee shall be free to make licensing agreements without consulting the Artist and upon terms it deems fit and proper in the circumstance.
15.4.   Nothing in this Agreement shall be deemed to   constitute a joint venture, partnership, employment or other legal   relationship other than that mentioned hereunder.

16.   LIMITATION OF RIGHTS

16.1.   The Artists rights under this Agreement shall be limited over the Assignees right to reproduce, publish and advertise the Artwork.
16.2.    The Artist understands and acknowledges that the Assignee shall have the absolute right over the Artwork in the manner stipulated under this Agreement.  
16.3.    The Artist grants the Assignee the right to use his name, photograph, likeness, facsimile signature and biographical material in, on and in connection with publications, and advertisements of the Artwork.

17.   INDEMNIFICATION

17.1.    The Artist represents and warrants that he is the owner of the Artwork and that said Artwork is his own original work and creation (except such part thereof as is taken from public domain) and is not a copy of any other copyrighted work.
17.2.    The Artist also represents that he has not sold, assigned, leased licensed or in any manner disposed of or encumbered the rights herein granted to Assignee; and that he has the right to enter into this Agreement.  
17.3.    Artist shall obtain all necessary rights or licenses associated with the Artwork or any illustrations incorporated into the Art.
17.4.    The Artist agrees to indemnify and hold Assignee harmless from all loss, liability, damages and expenses by reason of breach of the said representations and warranties.

18.   NO GUARANTEE 

18.1.    The Assignee do not make and hereby expressly disclaims all warranties, express or implied, with respect to any matter whatsoever, including, without limitation, the amount of Gross Sale of the Artwork or profit related to the Services rendered by the Artist under the Agreement, or any output or results thereof.
18.2.    The Assignee specifically disclaims any implied warranty of marketability or sale for the Artwork as a particular purpose.

19.   ENTIRE AGREEMENT
The Parties agree that this Agreement constitutes the entire agreement with respect to the subject matter thereof and that it supersedes and cancels any prior agreements or understandings between them, whether written or oral.

20.   MODIFICATION

This Agreement shall be supplemented, amended, or modified only by the mutual agreement of the Parties herein. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both the Parties.

21.   NOTICE

Any notice to be given by one Party to the other under, or in connection with this Agreement shall be in writing, signed by or on behalf of the Party giving it, and addressed to the recipient at the address or facsimile number set out below or to such other address or facsimile number as that Party may notify to the other Party:
      
To the Artist:

Address: _____________________________________________________________   
Attention: ____________________________________________________________
Facsimile No.: _________________________________________________________

To the Assignee:

Address: _____________________________________________________________   
Attention: ____________________________________________________________
Facsimile No.: _________________________________________________________

22.   FORCE MAJEURE

The Parties shall not be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond its reasonable control, including but not limited to riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

23.   SEVERABILITY

If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement, which shall remain in full force and effect. Where relevant, the Parties shall use their reasonable endeavors to substitute and agree upon a new provision resembling in essence the invalid one in its commercial consequence as much as possible.

24.   GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of United States of America. The Parties hereby submit to the exclusive jurisdiction of the State of_______________.

IN WITNESS WHEREOF, the Parties agreed to execute this ARTWORK AGREEMENT on the day and year specified above.

ARTIST                     ASSIGNEE


__________________________________      ____________________________________

__________________________________      ____________________________________
WITNESS                     WITNESS

Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43520

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