Rov's Terms of Service (ToS)
5 years ago
In this Terms of Service (ToS) I will describe rights and restrictions regarding the topic of artworks on commission. I will also try to answer to some of the most FAQ I've been receiving in my personal artist experience. I hope this will be helpful and enlightening to readers, fellow artists or potential commissioners! Commissioners are especially encouraged to read these Terms of Service and are expected to be fully understanding and accepting such terms in the moment they reach out and book a commission slot with me.
A) Commission Procedure
1. I continuously upload journals over my pages, announcing the number of slots available and other details. The workflow progression in based on the principle of first come, first served: this order has to be considered just a general indication of the works progression; many factors may interfere with a linear progression, as the commissioners are allowed some time to express their needs and ask for edits on the sketch (see A,2 and A,3 for further info).
2. The Commissioner will designate one of my available commission options and provide all necessary information via google form application. If any doubt is encountered at this stage, I'll be happy to help you deciding the best option, in my humble opinion.
3. After all details are received, I will draw a sketch according the given description. This sketch is usually posted to my drafts gallery or, if preferred, sent privately to the Commissioner for approval or edit requests. The sketch can in fact be modified and corrected, according to the Commissioner observations, as long as the modification doesn't involve for the sketch to be completely redrawn from scratch.
4. Once the Commissioner approves the sketch, a PayPal payment invoice or Bank transfer will be sent accordingly. Partial payments can be agreed via message previously but, in any case, I wont proceed further on the artwork before receiving the full payment due. Full payment has to be expected within 7 days from invoice emission. From the moment the said payment is received, I will start working on your commission: it is expected to be completed within a couple days to a week, depending on the overall complexity of the picture (such as: style, number of characters, background, etc.). I'll be sure to keep you posted via message and previews on the work-in-progress commission can also be requested.
5. After completion, I will post the supposedly finished artwork to my gallery or send it to the direct contact info given by the Commissioner, for a final revision. At this point, it's a Commissioner right to ask for minor corrections, but extensive redrawing is not possible at this stage. A positive comment or private message will suffice to declare the artwork definitively finished.
B) Causes of cancellation
1. If the Commissioner doesn't reply via PM, email or messages in 7 days after slot confirmation or the communication is lacking (not enough information given, delays, lack of response), the commission slot will be considered hibernated and possibly cancelled.
2. If the PayPal invoice isn't processed in 7 days, without further explaination, the commission slot will be hibernated. In case of lacking communication from the Commissioner in the next few days, the slot will cancelled.
3. If the Commissioner, at any stage before the sketch approval, needs to resign the commission slot for whatever reason. In such cases, it's respecftul and appreciated to keep me posted on the reasons of resignation, for better understanding the situation. In case of resignation, the sketch will be cancelled from my gallery and might be used or implemented in future unrelated artworks.
C) Rights & Responsabilities
1. As a professionist, I'm committed to be respectful and polite when talking to the Commissioner, at any point of the ongoing commission, as long as I'm treated with due respect. I also owe the finished artwork within a reasonable timeframe (see A,4) and at a reasonable quality (the most recent artworks can be taken into consideration).
2. I won't be considered responsible if a commission is requested by an underage costumer, since I have no way of knowing. Also, I have no responsabilities on the matter if you're purchasing something considered illegal in your country.
3. The Commissioner retains all copyrights upon their original character/s. The whole commission process is considered a temporary extent of said copyright to myself, for the artistic creation purpose only. I will not draw character/s without their owners explicit consent, with the exception of the commission being a surprise gift for them commissioned by a third party. The Commissioner is allowed to repost and share the artwork, either in its entirety or cropped, giving me credits for the artwork whenever possible. The Commissioner can't alter the piece in any way without my explicit approval.
4. As Artist, I own the creative rights on all my artworks and, therefore, I have the right to share or display the artwork anywhere, giving proper credit where due, unless I'm asked not to do so (ie: private or anonymous commissions). As owner of the creative copyright on my artworks, only I have the rights to printing and reselling, both in agreement with the Commissioner. My artworks can't be used, either in their entirety or in portions, for other purposes (ie: appearing in a videogame, book covers, etc) or re-sold by others (unauthorized prints/t-shirts/merch), unless explicitly granted by me.
I am posting this short ToS after some artist fellows recommended me to to so, and it sounded like a very good idea! Please, be polite and I'll be happy to answer your doubts and hear your critiques! Also, if you want to share your personal experience in the comments, please keep in mind the topic is subjective but the Legal matter is not. Art theft is a very common and despicable practice and making a living out of our artistic skills isn't easy. Thank you if you've reached so far in the reading!
A) Commission Procedure
1. I continuously upload journals over my pages, announcing the number of slots available and other details. The workflow progression in based on the principle of first come, first served: this order has to be considered just a general indication of the works progression; many factors may interfere with a linear progression, as the commissioners are allowed some time to express their needs and ask for edits on the sketch (see A,2 and A,3 for further info).
2. The Commissioner will designate one of my available commission options and provide all necessary information via google form application. If any doubt is encountered at this stage, I'll be happy to help you deciding the best option, in my humble opinion.
3. After all details are received, I will draw a sketch according the given description. This sketch is usually posted to my drafts gallery or, if preferred, sent privately to the Commissioner for approval or edit requests. The sketch can in fact be modified and corrected, according to the Commissioner observations, as long as the modification doesn't involve for the sketch to be completely redrawn from scratch.
4. Once the Commissioner approves the sketch, a PayPal payment invoice or Bank transfer will be sent accordingly. Partial payments can be agreed via message previously but, in any case, I wont proceed further on the artwork before receiving the full payment due. Full payment has to be expected within 7 days from invoice emission. From the moment the said payment is received, I will start working on your commission: it is expected to be completed within a couple days to a week, depending on the overall complexity of the picture (such as: style, number of characters, background, etc.). I'll be sure to keep you posted via message and previews on the work-in-progress commission can also be requested.
5. After completion, I will post the supposedly finished artwork to my gallery or send it to the direct contact info given by the Commissioner, for a final revision. At this point, it's a Commissioner right to ask for minor corrections, but extensive redrawing is not possible at this stage. A positive comment or private message will suffice to declare the artwork definitively finished.
B) Causes of cancellation
1. If the Commissioner doesn't reply via PM, email or messages in 7 days after slot confirmation or the communication is lacking (not enough information given, delays, lack of response), the commission slot will be considered hibernated and possibly cancelled.
2. If the PayPal invoice isn't processed in 7 days, without further explaination, the commission slot will be hibernated. In case of lacking communication from the Commissioner in the next few days, the slot will cancelled.
3. If the Commissioner, at any stage before the sketch approval, needs to resign the commission slot for whatever reason. In such cases, it's respecftul and appreciated to keep me posted on the reasons of resignation, for better understanding the situation. In case of resignation, the sketch will be cancelled from my gallery and might be used or implemented in future unrelated artworks.
C) Rights & Responsabilities
1. As a professionist, I'm committed to be respectful and polite when talking to the Commissioner, at any point of the ongoing commission, as long as I'm treated with due respect. I also owe the finished artwork within a reasonable timeframe (see A,4) and at a reasonable quality (the most recent artworks can be taken into consideration).
2. I won't be considered responsible if a commission is requested by an underage costumer, since I have no way of knowing. Also, I have no responsabilities on the matter if you're purchasing something considered illegal in your country.
3. The Commissioner retains all copyrights upon their original character/s. The whole commission process is considered a temporary extent of said copyright to myself, for the artistic creation purpose only. I will not draw character/s without their owners explicit consent, with the exception of the commission being a surprise gift for them commissioned by a third party. The Commissioner is allowed to repost and share the artwork, either in its entirety or cropped, giving me credits for the artwork whenever possible. The Commissioner can't alter the piece in any way without my explicit approval.
4. As Artist, I own the creative rights on all my artworks and, therefore, I have the right to share or display the artwork anywhere, giving proper credit where due, unless I'm asked not to do so (ie: private or anonymous commissions). As owner of the creative copyright on my artworks, only I have the rights to printing and reselling, both in agreement with the Commissioner. My artworks can't be used, either in their entirety or in portions, for other purposes (ie: appearing in a videogame, book covers, etc) or re-sold by others (unauthorized prints/t-shirts/merch), unless explicitly granted by me.
I am posting this short ToS after some artist fellows recommended me to to so, and it sounded like a very good idea! Please, be polite and I'll be happy to answer your doubts and hear your critiques! Also, if you want to share your personal experience in the comments, please keep in mind the topic is subjective but the Legal matter is not. Art theft is a very common and despicable practice and making a living out of our artistic skills isn't easy. Thank you if you've reached so far in the reading!
It's great that you decided to share these with us here on FA, thanks for that! =)
Much better than the shit FA puts out.
One question: Since I plan to use the character concepts from you for my RPG, even if I am not nearly in a stage of completion, do you plan to charge any type of license fee for such cases? Or do you have any others plans of conditions for that?
Like mentioned, I don't know if it will ever be commercial, but I rather wanna talk about it before I do any mistakes. ^^"