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Licensing Agreement (for Fantasy Stock Art: Dungeon Scenes)
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A. Definitions: “Illustrator” refers to credited artist. “Client” and/or “Licensee” refers to the licensing party, its
representatives, successors, assigns, agents and affiliates. “Work”, “Illustration”, “Artwork” and “Image” refer
to any artwork created or licensed by the Illustrator in fulfillment of this Agreement.
B. Purpose: This is a legal agreement between the Client and the Illustrator. By publishing any illustration
licensed from the Illustrator, the Client agrees to be bound by the terms of this agreement. If you do not agree
to all terms of this agreement, do not license any images. If the licensee is entering into this agreement on
behalf of an employer, the license granted and all terms of this agreement apply to the employer and to the
licensee as a representative of the employer.
C. Reservation of Rights: All artwork and images, including sketches, created by the Illustrator are copyrighted
and remain the property of the Illustrator. Grant of reproduction rights is conditioned upon Client’s acceptance
of each term set forth in this Agreement. All rights not expressly granted to Client in writing remain the
exclusive property of the Illustrator, including, but not limited to, all rights in derivative images, sketches,
comps or other preliminary materials. Any use additional to that expressly granted above requires written
permission and payment of a separate fee. Under all circumstances, regardless of rights granted, Illustrator
reserves the right to use any illustration for self-promotion purposes and for use in for-sale editions of prints.
D. Grant of Rights: Unless stated otherwise in writing, Illustrator grants to Client a nonexclusive right to use the
Illustration for purposes as specifically agreed to in writing, including using small sections of the illustration as
“spot” or “iconic” art in the publication or any other publication or electronic media; using all or part of the art
as a background for other pages, text boxes, sidebars or parts of pages; using all or part of the artwork in any
other media including print publication, internet publication or multimedia production. Such rights are nonsublicensable, non-transferrable and non-assignable.
E. Revisions to Artwork: Client may correct, adapt, crop or change the finished artwork without the Illustrator’s
permission.
F. Copyrights: Client will provide copyright protection by placing proper copyright notice on all uses, either”©
name, year of first publication” (which protects the whole and all of its component parts), or “© Denis
McCarthy, 20 __ “, within the credits page (which protects the artwork).
G. Credits: A credit line suitable to the design of the page must be used. Name on credit line shall read: “Art
by,” or “Some art by,” followed by “Denis McCarthy.”
H. Warranty: The Illustrator warrants and represents that, to the best of his knowledge, all work that is licensed
is original and does not knowingly infringe on other copyrights, and does not contain any scandalous, libelous,
or unlawful matter. The Illustrator further warrants that he has all necessary rights and authority to enter into
and perform this Agreement in accordance with its terms, including, but not limited to, the right and authority
to license the use of any Illustration transacted under this Agreement;
I. Liability: In no event shall Illustrator’s combined liability in connection with this transaction exceed the total
of the fees and expenses paid by the Client.
J. Governing Law:
This Agreement shall be deemed to be a contract made under the laws of the United States of America and the
State of Illinois and for all purposes shall be interpreted in its entirety in accordance with these laws.
K. Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and
personal representatives. Its terms can be modified only by an instrument in writing signed by both parties.