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- CREATIVE SERVICES TO BE RENDERED
- PROPRIETARY INTERESTS
- GENERAL PROVISIONS
This ‘CD ARTWORK / DESIGN AGREEMENT’ (“Agreement”) is made by and entered into between [ARTIST NAME] (the “Artist”) and [BAND NAME] (the “Band”), and is executed as a binding agreement as of the Effective Date (Artist and Band are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, Band desires to appoint Artist to create Artwork as described below; and
- WHEREAS, Artist desires to accept appointment, as set forth herein.
NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Artist and the Band agree as follows:
- CREATIVE SERVICES TO BE RENDERED.
The Band hereby employs Artist to create Artwork for the cover, cd booklet, inserts, and any additional artwork for the album currently titled [TITLE]. The artist will create an initial design for the Band to review and make suggestions until Artist and Band mutually agree on the Artwork. Artist warrants that the Artwork will be of a quality and standard equivalent for use in the music industry. Artist will deliver Artwork in a format requested by the cd duplicator for the printing, manufacturing and packaging of the album. The artwork will be completed on the following date, [DATE].
(a) Terms of Payment – The Band agrees to pay the Artist [$AMOUNT] ([$###]) per hour OR a flat fee of [$AMOUNT] ([$####]) for the entire Artwork project. Band has paid the sum of [$AMOUNT] ([$####]) as an initial deposit to the Artist. The remainder of the balance shall be paid when the Artwork is completed.
(b) Expenses – Band agrees to reimburse Artist for all reasonable production expenses including but not limited to halftones, stats, photography, disks, or illustrations. These expenses will be itemized on invoices, and in no event will any expense exceed $50 without approval from the Band.
(c) Royalties – In addition to any other payments provided under this agreement, if the Artwork is used on merchandise authorized by the Band that is sold to the public, Artist is entitled to [PERCENT] ([##%]) percent on net profits from sale of merchandise. Net profits are all revenues received minus the costs of production, shipping, and any discounts or fees paid to distributors or retailers.
- PROPRIETARY INTERESTS.
Artist assigns all copyright of Artwork to the Band and agrees to cooperate in the preparation of any documents necessary to demonstrate this assignment of rights. Artist retains the right to display the work as part of Artist’s portfolio and to reproduce the Art in connection with the promotion of Artist’s services.
Credit for Artist will be included on reproductions of the Art as [“ARTIST CREDIT”].
Artist warrants that Artist has the power and authority to enter into this Agreement. The Artwork will not infringe any intellectual property rights or violate any laws. If necessary the Artist has or will obtain all necessary rights or licenses associated with any artwork, photos, or illustrations incorporated into the Artwork.
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