Overview: DONOVAN AND GREEN, INC (Contract) size doesn't matter! There are actually three parties to this contract, rather than the customary two. The first party is Donovan and Green, a design firm. The second party is a large, well known financial services company, for whom Donovan and Green is producing a newsletter. Donovan and Green is contracting with the third party, an artist, to produce illustrations for the newsletter. The contract we reviewed from Donovan and Green is short and simple--so short and simple that at first glance, we assumed something must be missing. Short contracts often leave out important protections, but the Donovan and Green contract covers most of what we feel is crucial for the artist. Here's how this contract handles some of its points.

Contract Highlights:

=> INTENDED USE OF ARTWORK

Item: Donovan and Green has the right to "One time, exclusive use of work commissioned by Donovan and Green for use in [name of newsletter]."

Comment: This is a clear statement of the exact purpose for which the artist is licensing rights to the artwork. Any other use is not covered under this contract.

=> OWNERSHIP OF ARTWORK

Item: "The illustrator will have ownership of drawings."

Comment: The disposition of original artwork is sometimes neglected in a contract. Here it's dealt with as it should be.

=> NON-COMPETE Item: "Illustrator agrees not to use the artwork for similar products and/or competitive companies for a period of one year... except as authorized, in writing, by Donovan and Green."

Comment: This seems fair. The right to license the artwork reverts back to the artist after a year, but during that year, Donovan and Green's exclusive use is protected. Donovan and Green also allows for the possibility that the artist might be able to regain this right before the year expires.

=> ARTIST'S CREDIT

Item: "Credit shall be given as follows: Illustration by (name of artist)."

Comment: Again, an item that is sometimes neglected by both artist and client, and again, a clear statement of what will be done.

=> WARRANTY

Item: "...the illustrator assures Donovan and Green that the illustration(s) provided is/are his/her own and that he/she has the right to approve its use as indicated in this agreement. He/She will also hold harmless and defend Donovan and Green and its client (name of client) against any claims arising in connection with the rights in question of title or authorization for the use of the work."

Comment: Compared to other warranty statements we've seen, this is a model of simplicity. Note that the artist is not being required to "hold harmless and defend" Donovan and Green against any claims at all, only against those that have to do with ownership-- something the artist is able to control.

=> REUSE OF ARTWORK

Item: "Additional reproduction of artwork by our client (name of service company) will be cleared by the client directly with you. Donovan and Green is responsible for the use(s) specified below only."

Comment: This is the only clause which we felt could have used a little fleshing out. We don't know exactly what is meant by the word "cleared." We assume, of course, that to "clear" something means to ask permission, and that the service company would ask permission to reuse the artwork. Our concern is that the phrase might be interpreted to mean that the service company merely has to notify the artist in order to reuse the work, which would not be in the artist's interest. One possible way to way to clear up the word "clear" is to change it to "negotiate." All in all, this is a contract that protects the artist and the client, using clear simple language to express terms that are fair.

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