The Bright Agency’s Terms and Conditions
- This is a License Agreement between the Bright Agency, the sole and duly authorised agent of the Artist, over [commissioned?] Artwork.
- This Agreement incorporates the terms and conditions set out below and detailed overleaf. [A full brief for the Artwork will follow within [………..] days of this Agreement.
- All monies due to the Artist for work carried out under this Agreement, including the fees detailed overleaf, shall be negotiated by Bright and paid directly to Bright as the Artist’s agent. Only full payment of such monies to Bright will be a sufficient discharge of the Clients’ and the Artists’ obligations under this Agreement.
- The reference to Artwork shall include roughs, the final artwork (and any revisions thereto), and any electronic files and/or other storage materials delivered to the Client.
- Ownership of copyright is not affected by the licensing of the Artwork and remains with the Artist. This Agreement grants the Client a limited licence to reproduce the Artwork solely for the purposes detailed overleaf and the Artist is entitled to licence or otherwise grant rights to third parties in respect of the Artwork. The Client hereby accepts and acknowledges that if it requires any rights in addition to those granted overleaf, it must seek express permission from Bright, enter into a further licence agreement and pay a further license fee.
- The licence granted by this Agreement is exclusive to the Client named overleaf and the named Client is responsible for the payment of [reproduction fees or royalties?]. The license may not be sublicensed to a third party.
- The Client shall not make any alteration to the Artwork unless agreed in writing by Bright. Any loss, damage or alteration to the Artwork while in the possession of the Client or any representative of the Client will be charged for at a fee not less than the total agreed production and license fee. It is agreed that the Artwork will be returned to Bright as soon as possible after the date of invoice and in no case later than three months of the date of invoice. Unless agreed otherwise in writing.
- Bright shall invoice the Client either on
- delivery of the (final) Artwork an advanced royalty fee; and
- every […] months a royalty fee for the continued use of the licence granted under this Agreement. (on receipt of royalty statements- these must come as agreed over leaf)
- Or on Fee for license
Chosen payment terms are laid out clearly on the license agreement- see over leaf
Full payment of the invoiced amounts shall be made to Bright within thirty days of the date of the invoice and only full payment of each of the invoiced amounts will grant the Client the rights licenced by this Agreement. Where full payment of the invoiced fee is not received within 30 day of the invoice date the Client shall pay Bright a premium of three per cent interest above the Bank of England base rate for the amount due.
- In the event of the Client becoming bankrupt/going into liquidation this Agreement shall immediately terminate with all rights granted under this Agreement over the Artwork reverting to the Artist. The Client shall without undue delay return all Artwork to Bright.
- The license granted by this Agreement is exclusive to the Client named overleaf and the named Client is responsible for the payment of all [royalty fees?]. The licence may not be sublicenced to a third party.
- The Client may assign this Agreement but in order for the assignment to be valid the Client must notify Bright in writing within 7 days of the date of the assignment detailing the name and contact details of the assignee.
- The Artist retains the right to use the Artwork for self-promotional purposes and to credit the image(s) (of the Artwork?).
- The Artist can only adhere to deadlines agreed (in the Brief?)if there is no delay in the approval of roughs or in the supply of any reference material. The Artist shall not be held responsible for any direct or consequential loss to the Client from the late delivery of Artwork.
- All courier fees relating to the job shall be paid by the Client.
- If the commission is cancelled by the Client no rights over the Artwork shall vest in the Client, all Artwork shall be returned to Bright and the fees detailed below will be payable:
- 25% of the agreed fee and any expense items incurred if cancelled prior to delivery of roughs;
- 33% of the agreed fees and any expense items incurred if cancelled by the Client after delivery of rough; and
- 100% of the agreed fee + any expenses incurred if cancelled by the Client on delivery of the Artwork.
- The Client has no right to reject the Artwork on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fees if the Client uses the Artwork
- If the finished Artwork is rejected by the Client the fees detailed below will be payable:
- 33% if rejected at the rough stage;
- if a rough has not been requested prior to Artwork then 75% of the agreed fee plus any expense items incurred if rejected on completion;
- if the Artist has correctly followed the brief and the work is consistent with that of the Artist's portfolio and with that shown to the Client, then the full fee is payable.
- Any objections to the finished Artwork must be conveyed within seven days of delivery, after which it shall be conclusively presumed that the Artwork has been accepted. If a delay of longer than seven days occurs before any briefing for amendments, the Artist shall have the right to refuse to execute those amendments where they interfere with subsequent commissions. In this case no reduction in fee will be allowed.
- The fee detailed overleaf is a best estimate for the Artwork based on verbal discussions between Bright and the Client. Where a full briefing is received from the Client and the fee initially agreed is not a reasonable reflection of the work required to be carried out by the Artist, Bright has the absolute right to renegotiate the aforementioned fee and if no further satisfactory fee can be agreed to terminate this Agreement with no liability or other obligations whatsoever towards the Client.
- Amendments- The Artist agrees to make a reasonable about of amendments to roughs and pencils to get right the brief. However, where the Client requires that the Artist deviate from the original Brief an amendment fee would be expected. Changes to the original brief requested after produced Artwork has been created or after approval of the roughs the client will pay an amendment fee to the artist.
- The Client shall indemnify both the Artist and Bright against any and all liability, reasonable expenses, losses, damages or claims which may be suffered or incurred as a result of each and every claim by any third party for infringement of copyright or moral right arising from use of the Artwork or rights over the Artwork by the Client and for the avoidance of doubt this includes any items or element comprising the Artwork which was originated or sourced by the Artist, the Client or a third party.
- The Client will supply six proofs or printed copies of the printed Artwork.
- These terms and conditions shall be construed under and governed by the laws of England and Wales.
See attached - License Agreement for
- Usual invoice details
- Type of Licence granted
- Term of license
- Territory of License
- Whether a royalty has been agreed
- Artwork Return date
- Artist name
- Image Ref
- Initial description of work
- Estimated fee
PLEASE PROVIDE WRITTEN NOTIFICATION WITHIN 48 HOURS OF RECEIPT OF THIS DOCUMENT IF ANY OF THE TERMS AND CONDITIONS DETAILED HEREIN OR OVERLEAF ARE NOT ACCEPTABLE, FAILING WHICH THEY SHALL BE BINDING ON THE CLIENT.