1. Definitions
To avoid confusion, here’s what the following terms mean throughout this agreement:
Client – the individual or entity commissioning or purchasing artwork from Erskine Designs.
Artist – Erskine Designs (Mark Erskine).
Premade Artwork – existing artworks created independently by the Artist and made available for purchase.
Commissioned Artwork – custom artwork created specifically for the Client based on their brief.
Exclusive Commercial Rights – the Client has exclusive rights to commercially use the artwork (e.g., album cover, merch, branding), while the Artist retains copyright and may still use the artwork for personal monetization (e.g., prints), unless otherwise agreed.
Full Copyright – complete legal ownership of the artwork is transferred to the Client, including all rights to reproduce, modify, resell, and distribute the work.
Even in full copyright transfers, the Artist retains the non-transferable right to display the artwork in their portfolio, social media, or promotional materials, unless explicitly waived in writing.
2. Project Process
Work begins after agreement on scope, timeline, and a 50% non-refundable deposit.
The remaining 50% is due upon completion before high-resolution files are delivered.
Standard turnaround: 2–6 weeks depending on complexity and queue.
Delays due to personal, health, or emergency reasons will be communicated promptly.
3. Revisions
3 rounds of revisions are included depending on the project scope.
Major changes or multiple revision rounds may incur additional fees.
Revisions must be requested before final approval and delivery.
4. Usage Rights & Licensing
Upon full payment, the Client receives the agreed-upon usage rights to the artwork, as defined in the project agreement.
Premade artworks:
The Client receives exclusive commercial usage rights only.
The Artist retains copyright and may continue monetizing the artwork (e.g., prints, exhibitions, merchandise), unless full copyright is purchased.
Commissioned artworks:
The Client receives full copyright ownership of the final artwork.
The Artist will not use, monetize, or resell commissioned artworks unless agreed upon in writing.
Clients may not resell, sublicense, modify, or use the artwork beyond the scope of agreed commercial use without written permission.
If the Client wishes to resell or transfer rights to another party, they must contact the Artist to negotiate updated terms.
5. Full Copyright Purchase
Full copyright, including all reproduction, resale, distribution, and modification rights, can be purchased for an additional fee.
This is typically offered for premade artworks.
Pricing is determined individually and typically begins at 2x the standard rate.
Note: Even in the case of full copyright transfer, the Artist retains the right to display the artwork in their personal portfolio, website, and promotional materials, unless explicitly restricted by a signed NDA or written agreement.
If you are interested in purchasing full copyright to an existing piece, please contact the Artist directly to discuss.
6. Deposits & Payments
A 50% deposit is required to reserve a slot or claim an existing artwork.
The deposit is non-refundable.
If the remaining balance is not paid within four (4) weeks, the Artist reserves the right to resell the artwork.
7. Cancellations & Refunds
If the Client cancels the project after work has begun, no refunds will be issued for work already completed.
If the Artist cancels due to unforeseen circumstances, the deposit will be refunded in full.
8. Display & Promotion
The Artist may display completed artwork (including commissioned and fully transferred works) in their portfolio, on social media, or in promotional content.
If the Client requires confidentiality (e.g., unreleased projects or ghost work), this must be stated in advance, and an NDA can be arranged.
9. Governing Law
These terms are governed by the laws of the Artist’s current country of residence (Armenia) and the jurisdiction of business registration (United States). Any disputes shall be resolved in accordance with the applicable laws of either jurisdiction, unless otherwise agreed upon in writing by both parties.
10. Updates to Terms
Erskine Designs reserves the right to update these terms at any time. Ongoing or future projects will be subject to the most recent version and the Client will be notified in advance.
Quick Summary (TL;DR)
50% deposit to start, 50% on delivery
Commission = full ownership, premade = commercial license unless bought out
Artist keeps copyright unless full transfer is purchased
Don’t resell or edit without permission
Full copyright = at least 2x cost, Artist still shows it in portfolio
No refunds unless I cancel
NDA available if needed
G E N E R A L T E R M S
