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Publishing Ireland Members Code of Practice – Illustrators

Publishing Ireland Members Code of Practice – Illustrators

Publishing Ireland’s Members Code of Practice requires its Publisher Members and Associate Members to adhere to the following Code of Practice in all dealings with their illustrators.

  1. There are different levels of involvement by Illustrators and the type of contractual arrangement will reflect this.

 

  1. Where the publisher is engaging the Illustrator direct, the publisher will provide a written agreement at the outset of a project that will be signed by both parties and dated. Each party will retain one signed copy for their records.This agreement will constitute an assignment or a licence of copyright in the work, depending on the project, nature of the work and the illustrator/publisher requirements. Other rights, such as moral rights, should also be discussed. It is assumed that unless expressly assigned by the illustrator to the publisher, the illustrator’s moral rights are asserted.

 

  1. The publisher and the illustrator will enter into the agreement in good faith and negotiate all terms fairly and openly.

 

  1. The agreement must be clear, unambiguous and comprehensive, outlining what has been agreed and what is to be expected from both the publisher and the illustrator, and must be honoured in both the letter and spirit.

 

  1. Matters which particularly need to be defined include:
    • a description which identifies the work
    • the nature of the rights conferred
    • ownership of the original artwork
    • any necessary warranties
    • the time scale for delivery of the illustration(s)
    • the compensation: including type (fee/royalties/advance); cancellation fee and payment schedule
    • the illustrator’s credit: such as cover/title page/imprint page/title information sheets/bibliographical data (including ONIX files)
    • any expectations regarding promotion of the work

 

  1. The publisher should be willing to explain the terms of the contract to an illustrator who is not professionally represented. However, it is the illustrator‘s responsibility to ensure that they understand and can accept the details of any contract they are signing, and to take their own professional advice if necessary.

 

  1. All information and correspondence between the publisher and illustrator is confidential and should be treated as such, save in the case of a dispute.

 

  1. The publisher must not cancel a contract without good and proper reason.

 

  1. The publisher must respect the rights of illustrators and observe all copyright laws and conventions.