Commission And YCH Terms of Service
9 years ago
PDF (Much much easier to read this way ) :
https://www.dropbox.com/s/i3d8rpd59.....02016.pdf?dl=0
If you have any questions, please ask!! This is the first time I've written anything like this, so I realize there may be some things that are unclear. I tried to make it as easy to understand as possible though.
Updated 2/18/2016
Terms of Service
Definitions:
"Commissioned artwork" includes artwork explicitly purchased as a commission, any artwork created as a reward or part of a trade to a specific person, artwork created from YCH format, any artwork created as a gift, or uses a character not specifically belonging to myself. (Basically any artwork I was paid to create or artwork using characters that do not belong to myself.)
A "commissioner" is anyone who has paid for the majority of a commissioned artwork or has had their character used in my artwork in some way.
A "commissioner's artwork" only includes pieces that they have paid at least 25% of total price to have created, or includes their personal IP or characters. (You only have rights for images you've paid for, or images that include your characters.)
"Personal use" implies that there is no exchange of goods or currency, and the artwork is not used for advertising.
My Rights:
1. I reserve the right to publish commissioned artwork to any or all of my online galleries. These galleries include but are not limited to: Furaffinity, Weasyl, Tumblr, Twitter, DeviantArt, InkBunny, e621, Patreon and my personal websites. ( I can post the artwork online wherever I want.)
2. I reserve the right to use commissioned artwork in publicly inaccessible galleries and portfolios to use as an example of my work for clients and career advancement. ( I can share my work to get a job)
3. I reserve the right to use commissioned artwork in small physical publications (Books, posters, prints, portfolios)with less than 150 units ( I can create a print or art book with your commission. If I plan on making more than that, I will ask permission to use your character. This is usually for selling artwork at conventions)
4. I reserve the right to include my signature in commissioned artwork in a location that it will not be easily cropped. ( I can sign my artwork however I like.)
5. I reserve the right to use all or part of a commissioned artwork in advertising or marketing. ( I can create a physical or digital banner or icon using commissioned artwork to promote myself or my art.)
6. I reserve the right to stream any or all of a commissioned artwork at any time, keep recordings and videos of it's creation. ( I don't really publish videos at this time, but It's something I've considered)
Commissioner Rights:
1. A commissioner has a right to publish their artwork to any online galleries or message boards they please. A link back to one of my main galleries is appreciated, but not necessarily required. ( Sharing is caring ^.^ )
2. A commissioner has the right to crop, edit, alter, flip, rotate, color, uncolor, recolor, crumple, trace or remix their artwork for personal use so long as credit is still given to me for my involvement. ( You can make icons or badges or closeups of your artwork for yourself, so long as you do not claim it as your own original artwork.)
3. A commissioner has the right to use their artwork to create small volume physical publications (A poster, a couple t-shirts, a con badge) for personal use.
4. Commissioners have the right to reference commissioned artwork for the creation of future artwork, and should only credit me for design(if I designed anything), and will have full rights of that artwork. *note: this clause does not include tracing. Tracing falls into the category of an edit.
My Limitations:
1. I will not use commissioned artwork in large physical publications (over 150 units) without the commissioner's explicit approval.
2. I will not claim a commissioner's characters as my own.
3. I will not use commissioned artwork in any unholy, godless, evil or heretical rituals, ceremonies, or seances regardless of demonic, satanic, or sergal involvement.
4. I will, whenever reasonably possible, give commissioner credit for their characters, and/or patronage along with any commissioned artwork. I will link include a link to your local gallery, FurAffinity page or any other personal website or gallery if requested.
5. I will not use commissioned artwork to defame or to any detrimental effect against the commissioner.
Commissioner Limitations:
1. Commissioners will not specifically crop, edit, erase paint over or explicitly try to hide my signature from my artwork. (Don't remove my signature from my artwork unless you are doing some serious editing.
2. If my signature is removed during editing or cropping, the commissioner will include an accessible link back to my FurAffinity or local gallery along with the image in a reasonable location. (If for any reason my signature is not on the artwork, you must link to me and give me credit for my artwork this includes icons and avatars.)
3. Commissioners of artwork that has been funded by, or contains characters from multiple commissioners shall not infringe on the other's rights, or claim other commissioner's characters as their own. Any disagreements between publication or alterations of a commission in these circumstances shall be settled between commissioners, and shall not require my mediation. (If you split the cost of a commission or the commission contains characters that are not yours, you will get along with the other person and work out any issues regarding the commission with them.)
4. Commissioners will not create physical publications (prints, books, coffee cups, t shirts) of their artwork or edits or any alterations of their artwork for resale, profit, advertising or marketing. (Don't use your commission to make products.)
5. Commissioners may not use my artwork directly in any digital publications that are for resale, profit, advertising or marketing (games, multimedia, digital portfolios, paywall galleries). (Don't use your commission to make digital products either.)
6. Additionally, Commissioners my not use my artwork directly in any personal use or free games, applications, or web design without my explicit permission. (Please ask before using my work in any sort of game or application.)
Exceptions:
For additional fees you can get additional rights to your artwork. This can be for personal or business reasons.
FurAffinity only publishing rights: +25% of sale price
Removes My Rights 1, 3 and 5, but allows me to still post to FurAffinity.
I will only publish the commissioned artwork to my FurAffinity gallery. I will not print or publish any physical or digital materials for resale or profit. I will still use the *note: I cannot have complete control over other users reposting the artwork to other websites, but I will support you in any take-down requests if notified.
Do not post anywhere: +50% of sale price
Removes My Rights 1, 2, 3, 5 and 6 and does not allow me to post anywhere.
I will not publish the artwork anywhere on the web and I will not share the artwork with anyone other than the commissioner.
Publishing rights: May require a flat fee or royalties.
Removes Commissioner limitations 4 and 5. Allows you to make money using the commissioned artwork. May be limited by time quantity project or medium. Contact me to discuss details.
Exclusive publishing rights: Will require flat fee and likely royalties.
Removes all of My Rights, and all Commissioner Limitations, except for number 3. Contact me to discuss details. It will be very expensive.