NON-COMMISIONED
FATES WORSE THAN DEATH ART CONTRACT
This
agreement, made as of this ________ day of ______, in the year ______ is
between Brian King, owner of Vajra Enterprises with its principle office at
2312 P St. #5 Sacramento CA 95816 (hereinafter called "Vajra Enterprises"
or “party”) and ___________________, an independent Artist residing at
___________________ (hereinafter called "Artist" or “party”).
Since
Vajra Enterprises currently desires a piece of art currently owned by the
Artist, that Vajra Enterprises has reviewed and believes fits Vajra Enterprises’
need, and that is described as follows: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(hereinafter known as "the artwork requirements") at a price of
____________ (hereinafter called "the agreed-upon price of the
artwork");
NOW
THEREFORE IT IS AGREED AS FOLLOWS
Payment
and Sending Of Art
Vajra
Enterprises will send the agreed-upon price to the artwork. Concurrently, the artists will send either
the original media of the art or a digital file containing a high-quality
professional scan of the artwork.
Rights
Transferred
[The
purpose of this section is to describe which rights will be transferred to
Vajra Enterprises.]
Upon
the completion of the above terms, Vajra Enterprises gains the following
rights:
-The non-saleable right to use the final
and accepted draft of the artwork on or in the book Fates Worse Than Death and
any reprinting and future editions of the book.
-The right to use the final and accepted
draft of the artwork (or any earlier drafts or preliminary sketches or any
derivative works based on these) on web pages owned or authorized by Vajra
Enterprises.
-Exclusive, non-saleable rights to use the
final and accepted draft (or any earlier drafts or preliminary sketches or any
derivative works based on these) on or in any Fates Worse Than Death or Role
Playing Game merchandise (with the condition that royalties are paid by the
artist as detailed in the section “Royalties on Non-Game Products” below).
-The right to change the artwork in the
following ways: cropping, stretching, changing brightness and contrast and
inserting text so long as the changes made do not obscure the Artist’s
signature or mark.
The
Artist gives up the following rights:
-The right to use or transfer to others
the right to use the art (or any earlier drafts or preliminary sketches or any
derivative works based on these) in any Role Playing Game or any web page or
publication about Role Playing Games or about the Fates Worse Than Death
universe.
- The right to use or transfer to others
the right to use the art (or any earlier drafts or preliminary sketches or any
derivative works based on these) on or in any Role Playing Game or Fates Worse
Than Death related merchandise.
The
Artist retains all other rights, including but not limited to:
-The right to use or sell the right to use
the art (or any earlier drafts or preliminary sketches or any derivative works
based on these) on the interior of books or magazines, so long as those books
or magazines are not Role Playing Games or publications about Role Playing
Games or about the Fates Worse Than Death universe.
-The right to display the art (or any
earlier drafts or preliminary sketches or any derivative works based on these)
in a gallery.
-The right to sell the original media art
or prints of the art or any earlier drafts or preliminary sketches or any
derivative works based on these.
-The right to display the art (or any
earlier drafts or preliminary sketches or any derivative works based on these)
on web pages so long as those web pages are not about Role Playing Games or
about the Fates Worse Than Death universe.
Royalties
on Non-Game Products
[The
purpose of this section is to establish that the artist will receive royalties
on profits made from non-game products containing their art.]
If
Vajra Enterprises or any agent of Vajra Enterprises sells a product that meets
all of the three following qualifications, Vajra Enterprises will send the
artist 10% of all net profits (income from sales minus all costs specific to
that product) from the product no later than 4 months after the profits are
received by Vajra Enterprises.
Qualification 1: The product contains, in
whole or in part, the art (or any earlier drafts or preliminary sketches or any
derivative works based on these).
Qualification 2: The product is not an
electronic or paper role playing game or negotiation game book.
Qualification 3: The product makes any
amount of net profit.
Sending
[The
purpose of this section is to describe how art will be sent.]
Whenever the sole copy of a piece of
artwork is being sent, by either party, the party sending it will insure it for
no less than the agreed upon price of the artwork.
A “high-quality professional scan” as
defined in the section “payment and sending of art” above is defined as any
digital scan that meets industry standards for scans of production artwork.
No
Other Payment
[The
purpose of this section is to establish that the Artist will receive no other
payment or compensation]
The Artist will not receive any payment or
compensation, even for materials used in the production of art, the scanning of
media, or the sending of image media, other than the payment specifically
listed in the terms of this contract.
Credit
[The
purpose of this section is to establish that Vajra Enterprises will credit the
Artist.]
Vajra
Enterprises agrees to credit, in writing, in Fates Worse Than Death, and in any
future revisions or republishing of Fates Worse Than Death in which the artwork
appears, the Artist by any name indicated to Vajra Enterprises by the Artist
(unless that name is more than 50 characters in length).
Vajra
Enterprises agrees to include, in writing, in Fates Worse Than Death, and in
any future revisions or republishing of Fates Worse Than Death in which the
artwork appears, up to 50 characters of contact information provided by the
Artist to Vajra Enterprises.
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written by their duly authorized representative.
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Brian King BY:_____________________________ NAME:___________________________ DATE:___________________________
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_______________________________ BY:_____________________________ NAME:___________________________ DATE:___________________________ |
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