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General Terms of Delivery
General commission terms
1.3 “Reproduction” refers to making of a copy of the work by printing, copying, duplicating digitally or otherwise.
2.3 If the work is commissioned simultaneously from several graphic designers/illustrators, it is considered as a competition. In such a case, in addition to the standard fee of the work, a reward must be paid as in an invitation competition. When the work is commissioned, the creator must be informed if several graphic designers/illustrators are carrying out the same work.
4.3 The drafts must not be shown to or delivered to any third party.
5.2 If the commissioner wishes to use the work or parts of it for a purpose other than what has been originally agreed (extended use), the commissioner must acquire a permission from the creator, and the creator has the right to receive additional remuneration for these extended rights.
5.3 The work must not be made available to the public in a manner defaming creator’s artistic value or originality, or in an offensive context.
5.4 The right to use is in force only in Finland. The commissioner may receive a licence to cover global use only by agreeing with the creator.
Announcing the name of the creator
5.5 When the work is made available to the public, the creator’s name must be announced in a way which is considered a good practice and in accordance with professional practice of the industry in question.
Assigning the right to use
5.6 The commissioner has no right without the permission of the creator to assign the agreed right to use to a third party.
Conditions of use
5.7 Without the approval of the creator, the work cannot be used in a different size, colours or otherwise altered from what has been agreed, excluding minor technical alterations.
5.8 The creator has the right to require a satisfactory reproduction of the work, and the creator must have the right to see the proofs beforehand. The creator has the right to supervise the reproduction of materials, and the appearance of reproduction must not differ from the original copy any more thanthe the used reproduction method requires.
Ownership of original copies
5.9 All illustration originals, both drafts and finished material are owned by the creator unless otherwise agreed. The assignment of the ownership of original illustrations are always subject to a separate compensation.
5.10 The original copy must be returned to the creator after the agreed use, undamaged and with no corrections made to it.
5.11 The creator owns all copyrights to the works. Copyright of the work is valid for 70 years after the death of the creator, and concerning ordinary photographs, for 50 years calculated from the end of the production year of the photograph.
6.2 Commissioned and delivered material which is based on an approved draft must be paid for in full regardless of whether it is used or not. If the commissioner, before the completion of work, cancels the work for reasons not dependant on the creator, the creator is also entitled to a full compensation.
6.3 Compensation covers the first edition. When the commissioner wishes to take a new edition, the creator has the right to receive additional payment unless otherwise agreed, and the creator must be informed in advance of the new edition. An exception to this clause are those works which were originally meant for repeated use, for example, logos, business marks and trademarks. If an agreement has been made regarding reprints, but no compensation has been defined, the compensation shall be 50% of the original fee.
The parties may, if they wish, make an agreement on royalties. This means that the creator has the right to receive a percentage of the tax-free sales price of the copies of the work. If the requirements or instructions for the commission work change during the assignment, the creator has the right to receive compensation for the additional work.
Fee for drafts
6.6 The creator has the right to receive draft fee for a commissioned and delivered draft. The fee shall be paid upon the delivery of the draft, regardless of whether the draft leads to a finished material or not. The payment of draft fee does not grant the commissioner a right to any reproduction.
6.7 If the draft is used as an original (with the creator’s permission), full compensation must be paid for it.
8.3 If one of the contracting parties essentially breaches the agreement, the other contracting party has the right to terminate the agreement and claim compensation for direct damages. However, the
8.4 If the commissioner infringes the creator’s copyrights, the creator has the right to claim that the use of the work is immediately ceased and make claims based on the Copyright Act.
8.5. This Agreement is governed by the laws of Finland.
1 Scope of Application
1.1 These commission terms are applied to works within the scope of design and illustration.
1.2 “Work” refers to all drafts and drawings created in connection to graphic design or illustration assignments.1.3 “Reproduction” refers to making of a copy of the work by printing, copying, duplicating digitally or otherwise.
2 Information
2.1 The commissioner must give complete information of the intended use of the work and the artistic, advertising or specific technical professional requirements of the work.
2.2 The commissioner must provide all necessary information to the creator in accordance with agreed timetable and formats. If the commissioner fails to meet these, the creator has a respective right to get an extension to the timetable and/or receive financial compensation for any possible additional work caused by this.2.3 If the work is commissioned simultaneously from several graphic designers/illustrators, it is considered as a competition. In such a case, in addition to the standard fee of the work, a reward must be paid as in an invitation competition. When the work is commissioned, the creator must be informed if several graphic designers/illustrators are carrying out the same work.
3 Handling Illustrations
3.1 Illustrations – both drafts and finished material – must be carefully handled: they must not be folded, cracked, tarnished or otherwise damaged. Any potential marks must be made using a pencil, and they must be made in the margins, on the slipcover or in a separate paper.
4 Idea drafts and drafts
4.1 After the creator has submitted a draft work to the commissioner, it may not be published or used in other ways without the creator’s permission.
4.2 If the commissioner wishes to make alterations to the draft or develop it further, only the creator or a person authorised by the creator has the right to make these changes. .4.3 The drafts must not be shown to or delivered to any third party.
5 Rights
Right to use
5.1 After receiving the fee in full, the creator assigns the commissioner the right to make copies of the work and make it available to the public in the agreed extent. The right to use covers only the first edition unless otherwise agreed. Therefore the transferred right to use is one-time by its nature.5.2 If the commissioner wishes to use the work or parts of it for a purpose other than what has been originally agreed (extended use), the commissioner must acquire a permission from the creator, and the creator has the right to receive additional remuneration for these extended rights.
5.3 The work must not be made available to the public in a manner defaming creator’s artistic value or originality, or in an offensive context.
5.4 The right to use is in force only in Finland. The commissioner may receive a licence to cover global use only by agreeing with the creator.
Announcing the name of the creator
5.5 When the work is made available to the public, the creator’s name must be announced in a way which is considered a good practice and in accordance with professional practice of the industry in question.
Assigning the right to use
5.6 The commissioner has no right without the permission of the creator to assign the agreed right to use to a third party.
Conditions of use
5.7 Without the approval of the creator, the work cannot be used in a different size, colours or otherwise altered from what has been agreed, excluding minor technical alterations.
5.8 The creator has the right to require a satisfactory reproduction of the work, and the creator must have the right to see the proofs beforehand. The creator has the right to supervise the reproduction of materials, and the appearance of reproduction must not differ from the original copy any more thanthe the used reproduction method requires.
Ownership of original copies
5.9 All illustration originals, both drafts and finished material are owned by the creator unless otherwise agreed. The assignment of the ownership of original illustrations are always subject to a separate compensation.
5.10 The original copy must be returned to the creator after the agreed use, undamaged and with no corrections made to it.
5.11 The creator owns all copyrights to the works. Copyright of the work is valid for 70 years after the death of the creator, and concerning ordinary photographs, for 50 years calculated from the end of the production year of the photograph.
6 Fees
Fees for assigning the right to use
6.1 The commissioner must pay the creator in accordance with the payment schedule, or if no separate agreement has been made for a payment schedule, then at latest when the work is delivered to the commissioner.6.2 Commissioned and delivered material which is based on an approved draft must be paid for in full regardless of whether it is used or not. If the commissioner, before the completion of work, cancels the work for reasons not dependant on the creator, the creator is also entitled to a full compensation.
6.3 Compensation covers the first edition. When the commissioner wishes to take a new edition, the creator has the right to receive additional payment unless otherwise agreed, and the creator must be informed in advance of the new edition. An exception to this clause are those works which were originally meant for repeated use, for example, logos, business marks and trademarks. If an agreement has been made regarding reprints, but no compensation has been defined, the compensation shall be 50% of the original fee.
The parties may, if they wish, make an agreement on royalties. This means that the creator has the right to receive a percentage of the tax-free sales price of the copies of the work. If the requirements or instructions for the commission work change during the assignment, the creator has the right to receive compensation for the additional work.
Fee for drafts
6.6 The creator has the right to receive draft fee for a commissioned and delivered draft. The fee shall be paid upon the delivery of the draft, regardless of whether the draft leads to a finished material or not. The payment of draft fee does not grant the commissioner a right to any reproduction.
6.7 If the draft is used as an original (with the creator’s permission), full compensation must be paid for it.
7 Complimentary copies
7.1 The creator has a right to receive an agreed number of complimentary copies of the work for free upon his/her request. The creator may use them freely as exhibition material, in competitions and as work samples etc. The creator has also the right to use these work as samples on creator’s own website.
8 Agreed commission
8.1 The creator has the right to use a subcontractor to carry out the work. The creator is responsible for the subcontractor’s work to the commissioner.
8.2 If the creator does not carry out the commissioned work or the timetable is delayed significantly because of the creator, the commissioner has the right to receive a reasonable discount on the fee.8.3 If one of the contracting parties essentially breaches the agreement, the other contracting party has the right to terminate the agreement and claim compensation for direct damages. However, the
8.4 If the commissioner infringes the creator’s copyrights, the creator has the right to claim that the use of the work is immediately ceased and make claims based on the Copyright Act.
8.5. This Agreement is governed by the laws of Finland.
