8.2 KiB
Artist Commission Agreement
AI Training Dataset Creation
This Agreement is entered into as of [DATE] between:
Client: [YOUR NAME/COMPANY] Address: [ADDRESS] Email: [EMAIL]
Artist: [ARTIST NAME] Address: [ADDRESS] Email: [EMAIL]
1. SCOPE OF WORK
1.1 Deliverables
Artist agrees to create the following original artwork ("Work"):
- Quantity: [N] illustrations/artworks
- Format: PNG, minimum resolution 2048×2048 pixels
- Style: [DETAILED STYLE DESCRIPTION]
- Subject Matter: [LIST CATEGORIES AND SPECIFIC SUBJECTS]
1.2 Specifications
- Color mode: RGB
- Bit depth: 8-bit minimum, 16-bit preferred
- File naming: [category]_[number].png
- Delivery method: [Cloud storage link / Direct transfer]
1.3 Reference Materials
Client will provide:
- Style reference images
- Subject matter guidelines
- Color palette (if applicable)
- Any required brand assets
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Work Made for Hire
All Work created under this Agreement shall be considered "work made for hire" as defined under the United States Copyright Act (17 U.S.C. § 101). Client shall be considered the author and sole owner of all Work from the moment of creation.
2.2 Assignment of Rights
To the extent any Work does not qualify as work made for hire under applicable law, Artist hereby irrevocably assigns, transfers, and conveys to Client all right, title, and interest in and to the Work, including but not limited to:
- All copyrights, including the right to reproduce, distribute, display, perform, and create derivative works
- All trademark rights
- All patent rights (if applicable)
- All trade secret rights
- All moral rights, to the extent permitted by law
2.3 AI and Machine Learning Rights
IMPORTANT: Client shall have the unrestricted and perpetual right to use the Work for training artificial intelligence, machine learning, and neural network models, including but not limited to:
- Diffusion models (e.g., Stable Diffusion, FLUX, Wan)
- Transformer models (e.g., GPT, LLaMA)
- Generative adversarial networks (GANs)
- Variational autoencoders (VAEs)
- Low-Rank Adaptation (LoRA) fine-tuning
- Any other current or future AI/ML technologies
This includes creating derivative works generated by such models and using such derivatives for any commercial or non-commercial purpose without limitation or additional compensation.
2.4 Commercial Use
Client may use the Work and any derivatives thereof for any commercial purpose without limitation, including but not limited to:
- Advertising and marketing
- Merchandise and products
- Publications (print and digital)
- Video production and streaming
- Software and applications
- Sublicensing to third parties
2.5 Artist Retention
Artist retains only the following limited rights:
- Display Work in personal portfolio (non-commercial purposes only)
- List Client as a professional reference (with Client's prior written approval)
- Create similar (but not substantially identical) works for other clients
Artist expressly agrees NOT to:
- License, sell, or distribute the Work to any third party
- Use the Work in any commercial context
- Create merchandise or products from the Work
- Use the Work to train AI/ML models for any purpose
- Claim ownership or authorship of the Work
3. REPRESENTATIONS AND WARRANTIES
3.1 Artist Represents and Warrants That:
a) Originality: All Work is original and does not copy, imitate, or infringe upon any third-party intellectual property rights.
b) Authority: Artist has full legal authority and capacity to enter into this Agreement and grant the rights herein.
c) No AI Generation: No part of the Work was created using AI/ML generative tools (including but not limited to: Midjourney, DALL-E, Stable Diffusion, or similar tools) unless explicitly approved by Client in writing.
d) No Encumbrances: The Work is free and clear of any liens, claims, or encumbrances.
e) No Violations: Creation and delivery of the Work does not violate any agreement Artist has with any third party.
f) Professional Standards: All Work will meet professional industry standards for quality and technical specifications.
3.2 Indemnification
Artist agrees to indemnify, defend, and hold harmless Client from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from any breach of Artist's representations and warranties.
4. COMPENSATION
4.1 Total Fee
Client agrees to pay Artist a total of $[AMOUNT] USD for completion of all Work.
4.2 Payment Schedule
- 50% Deposit: $[AMOUNT] due upon signing
- 50% Final: $[AMOUNT] due upon final delivery and acceptance
4.3 Payment Method
Payment via: [PayPal / Bank Transfer / Other] Payment details: [PROVIDE DETAILS]
4.4 Expenses
Unless otherwise agreed in writing, Artist is responsible for all expenses incurred in creating the Work.
5. TIMELINE AND DELIVERY
5.1 Schedule
| Milestone | Due Date | Deliverable |
|---|---|---|
| Project Start | [DATE] | Deposit received, work begins |
| First Review | [DATE] | First batch ([N] pieces) for approval |
| Mid-Project | [DATE] | Second batch, revisions to first |
| Final Delivery | [DATE] | All Work delivered |
| Acceptance | [DATE + 7 days] | Client acceptance or revision requests |
5.2 Revisions
- Artist will provide up to [2-3] rounds of revisions per piece at no additional cost
- Additional revisions beyond this scope may incur additional fees
- Revision requests must be submitted within [7] days of delivery
5.3 Late Delivery
If Artist fails to deliver Work by the agreed dates without prior written notice:
- First week late: Written warning
- Second week late: 10% reduction in final payment
- Third week late: Client may terminate Agreement
6. CONFIDENTIALITY
6.1 Confidential Information
Artist agrees to keep confidential:
- Project details and specifications
- Client's business information
- Any materials provided by Client
- The existence and terms of this Agreement (unless otherwise agreed)
6.2 Non-Disclosure
Artist shall not disclose any Confidential Information to third parties without Client's prior written consent.
6.3 Duration
Confidentiality obligations survive termination of this Agreement for a period of [2] years.
7. TERMINATION
7.1 Termination by Client
Client may terminate this Agreement at any time with written notice. In such case:
- Artist retains payment for Work completed and accepted
- Artist delivers all completed Work to Client
- All rights in completed Work transfer to Client
7.2 Termination by Artist
Artist may terminate only for material breach by Client after providing [14] days written notice and opportunity to cure.
7.3 Effect of Termination
Upon termination:
- All rights in delivered Work remain with Client
- Both parties return or destroy confidential materials
- Surviving provisions continue in effect
8. GENERAL PROVISIONS
8.1 Governing Law
This Agreement shall be governed by the laws of [STATE/COUNTRY].
8.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements.
8.3 Amendments
No modification of this Agreement shall be valid unless in writing and signed by both parties.
8.4 Severability
If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
8.5 Assignment
Artist may not assign this Agreement without Client's prior written consent. Client may assign this Agreement freely.
8.6 Independent Contractor
Artist is an independent contractor, not an employee of Client.
SIGNATURES
CLIENT:
Signature: _________________________
Name: [PRINT NAME]
Date: _________________________
ARTIST:
Signature: _________________________
Name: [PRINT NAME]
Date: _________________________
EXHIBIT A: DETAILED SPECIFICATIONS
[Attach detailed brief with style references, subject categories, and technical requirements]
EXHIBIT B: PAYMENT INFORMATION
[Attach payment details and invoicing information]
This template is provided for informational purposes. Consult a qualified attorney for legal advice specific to your situation and jurisdiction.