Image licensing Agreement Help

[JRTomlin]

I'm going over the image licensing agreement for the image I want to use for the Countenance of War cover. It's with an established artist and he has a standard contract, but I'm not sure about what I should do regarding a couple of terms. Of course, the terms are negotiable but I'm at a bit (or a lot) of a loss what to suggest.

He proposes the image for only the cover but I want to be able to put a cover image on promotional material (not his original image). Any suggestions on how to add this? He wants to have it for a 1st edition. Would it no longer be a first edition if I correct a typo? And he asks me to set a term of use but I have no idea what to set.

Can anyone who has done this kind of thing make some suggestions? I really should have an IP attorney go over this but frankly--considering what I'm paying for licensing the image-- it would be a financial strain to do so, and any help would be much appreciated.

[JRTomlin]

I'm sure some of this stuff has been discussed before, but I couldn't find it on a search.

[George Berger]

He proposes the image for only the cover but I want to be able to put a cover image on promotional material (not his original image). Any suggestions on how to add this?

Depends on how it's worded, but you can ask to explicitly add a clause stating that you have the right to use the final cover, in whole or in part, to promote and market the book.

He wants to have it for a 1st edition. Would it no longer be a first edition if I correct a typo?

You may want to clarify if that covers e-books as well as print, or ask to reword that section, as "1st edition" is somewhat ambiguous in the age of e-publishing. (You may have a first paperback edition, a first Kindle edition, a first ePub edition... how, and whether, that's covered is something you'd want to make clear.)

And no, fixing typos does not a new edition make.

And he asks me to set a term of use but I have no idea what to set.

A decade doesn't seem too unreasonable. I know most people are going to reflexively say "perpetuity" here, but trends in cover designs change, and the whole "1st edition" thing means you'd have to re-license (or pick new art) for a 10th anniversary edition by then, or whatever, anyway.

[ShayneHellerman]

He proposes the image for only the cover but I want to be able to put a cover image on promotional material (not his original image). Any suggestions on how to add this? He wants to have it for a 1st edition. Would it no longer be a first edition if I correct a typo? And he asks me to set a term of use but I have no idea what to set.

Can anyone who has done this kind of thing make some suggestions? I really should have an IP attorney go over this but frankly--considering what I'm paying for licensing the image-- it would be a financial strain to do so, and any help would be much appreciated.

What about being able to use all or part of the image on your website? Is that allowed? And, if you don't mind answering this, how much are you paying for licensing the image?

[JRTomlin]

I've included using the book cover for promotional purposes in the amendments including on my website and in other promotional material.

I'll go with asking for perpetual and if he balks I'll come down to 10 years. Thanks for the help.

[Bards and Sages (Julie)]

I can only share how it is worded in my standard agreements when I am not buying full rights.  (Stuff inside brackets is for your clarification and not part of the clause in question).

Artist shall grant to Publisher a non-exclusive, perpetual right to use the Image [previously defined elsewhere in the contract] as part of the finished cover art for both the print and digital versions of the Work [previously defined elsewhere in the contract] and in any related promotional or marketing materials related to the sale and promotion of the Work, including, but not limited to, bookmarks, advertisements, banner displays, brochures, media kits, and related materials.

[JRTomlin]

Thanks, Julie! That's extremely helpful.