Hi Daring Adventurers,
From experience, you may deem that other clauses are needed to protect yourself. You may wish to include a “Permission and Releases Clause” that would release you, the artist, from any copyright infringement that may occur from the client’s request of work to be included. This clause puts the responsibility of obtaining any copyrights permission or privacy releases on the client.
In return, the client may wish to include an “Indemnification Clause,” that would release them from any copyright infringement that you might knowingly or unknowingly commit. This puts the responsibility for release and permission on you, the illustrator. If using the likeness of a model, you should be sure that the client has a release form or other documentation granting them the rights to use the model’s likeness. Therefore it is vital for you to maintain written documentation of any and all request made by the client and the release form of your models, in case of any possible copyright infringement disputes.
You should also be aware of contracts with the terms “Work for Hire,” “done-for-hire” or “for-hire” in them. These terms grant the client full rights to the artwork and any derivative works. Illustrators usually would want to avoid such agreements because they not only transfer the rights to the work to the client but also the authorship; under the law the client would be considered the originator of the work. These are the types of agreements commonly used by companies when contracting out work to artists to illustrate works containing characters that the client owns full copyrights to or to works that are part of a collective effort. It would be advisable for you to avoid such contracts especially if you are creating original characters or concepts. But in the world of comic books the “Work for Hire” agreement is common practice, so be aware of what you are signing and what rights to your work the contract grants to the client.
– Anthony Summey