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Copyright |
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| If
any printer or publisher ever denies printing or copying of a MoonDesign
illustration, please contact John Moon, and a Notice of Copyright
will be faxed or sent to the printer. This Notice lets the printer
know that the customer has been given the right to reproduce the
illustration in any way they need. |
| Copyright |
The images of the commissioned
artwork and all reproductions made thereafter are copyrighted, and
all copyrights remain the property of the author*, John Moon (MoonDesign)
unless stated otherwise hereafter. |
| Notice to Accompany |
It is the responsibility of the
user of said work of art to ensure that a copy of the copyright
notice accompanies the original artwork(s) and any reproductions
that might be used in any way to reproduce the original work(s)
of art. This includes any copyright tags, attributes, or file information
placed on a digital copy of the artwork(s) by the artist. |
| Credit |
Notice to photographers, printers,
and publishers:
If the user of the produced work(s) of art has permission from the
copyright owner (John Moon, MoonDesign), the user may use this/these
work(s) of art and reproductions made from it for promotional use,
as long as the copyright owner (John Moon, MoonDesign) is notified
to approve the credit line before any printing or publication**,
and is furnished at least one copy of the printed or published piece
by the photographer, printer, or publisher. The credit line shall
read: 'illustration: MoonDesign'. |
| Reference |
Reference the Copyright Law of
the United States of America (Title 17 of the United States Code)
for further information. |
*
Per Copyright Law of the United States of America (Title 17 of the
United States Code) §201: Ownership of Copyright.
** Printing or publication in a public presentation, such as a newspaper
or magazine. Private productions such as brochures, presentations,
or marketing materials is not indended to carry a credit line. |
| Terms
and Conditions |
| Due Date |
A due date shall be approved by
both the customer and MoonDesign before the work begins. Any reviews
or approvals must be made within 24 hours for the delivery date
to stay on schedule. |
| Additional Product |
Design or color changes subsequent
to the layout or view approval may incur additional charges. Such
work and charges and/or costs for additional reproductions shall
be discussed and approved by both the customer and MoonDesign at
the time of change. |
| Limits of Use and
Liability |
The illustration(s) is provided
for aesthetic purposes only and are not to be used for construction.
The Artist is not responsible for any misconduct or damages from
the use of the mentioned products, and any liability of MoonDesign
resulting from the use of the illustration(s) is limited to the
face amount of the illustration cost. |
| Deposits |
MoonDesign may require to collect
deposits prior to commencement of an agreement when (1) The Client
has over $6,000.00 in unpaid invoices with MoonDesign, or (2) The
Client has an unpaid invoice due in excess of 30 days. Full (100%)
deposits may be required when (1) The Client has an unpaid invoice
in excess of 90 days, or (2) MoonDesign determines that The Client
poses a real risk of nonpayment. |
| Project Delay |
If MoonDesign or The Client is
waiting for a response or approval, and there is no correspondence
and/or action within a 30 day period, then the project may be considered
delayed, and MoonDesign shall invoice The Client for partial work
completed. Either party may terminate this agreement if the project
is delayed 60 days or more. |
| Interest |
Payment for an invoice is usually
due in full 30 days from the date of invoice. Invoices not paid
in full by the due date shall accrue interest on the remaining balance
of the invoice at a rate not to exceed the listed interest rate
on the signed contract thereafter. Interest will be paid from The
Client's deposit, if applicable, unless the interest is paid with
the final payment. The Client shall be responsible for legal expenses
and/or arbitration costs to settle non-payment claims. |
| Ownership |
Commissioned artwork and all images
made therefrom shall remain the property of MoonDesign until all
agreed fees, expenses, and/or interest has been paid in full; at
which time The Client shall be the owner of the commissioned artwork
and all images made therefrom. If The Client has not paid in full
by the due date stated on the invoice, and at The Artist's request,
the artwork and all copies and/or storage media containing the images
of the artwork must be returned to The Artist within 10 days of
the written request. |
| Right to Use |
Once all agreed fees, expenses,
and/or interest has been paid in full, The Client shall have the
right to use the artwork and images made therefrom for promotional
use or as specified in a signed Notice of Copyright. Such a Notice
of Copyright shall list the terms and expiration dates of use, if
applicable. The Artist shall be notified of any use or retail use
for the purpose of profit, and such use may require royalties paid
to MoonDesign per an agreement. This right of use may be revoked
if The Artist deems the use of the artwork to be inappropriate,
false, or damaging to MoonDesign.** |
| Alterations |
The Client agrees not to alter
the artwork or images of the artwork without the written consent
of MoonDesign. The logo or signature may not be removed or altered
from the original artwork, and any digital copyright tag must remain
on the copies of the artwork. |
| Made for Hire |
The Artist is an independent contractor,
and the artwork provided per this agreement is not considered a
'work made for hire'*** unless specified in contract. |
*
Per Copyright Law of the United States of America (Title 17 of the
United States Code) §201: Ownership of Copyright.
** Per Copyright Law of the United States of America §106A:
Attribution and Integrity.
*** Per Copyright Law of the United States of America §101: Definitions. |
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