SPECIAL COMMERCIAL AGREEMENT

Posted 3 months, 5 days ago by Carnivox


TLDR: the design belongs to the buyer like normal, but I get to sell merch of the design!
(Benefits to the buyer include free art, free merch and 50% off commercial license!)


Rights of designs sold with a “special commercial agreement” condition will belong fully to the owner as normal,
However I, CARNIVOX, will maintain and use commercial rights to the character!

Under this contract, I will be able to make new art and merch of the character (like prints, stickers, keychains)
to sell in my online shop and in conventions, while the design still belongs to it’s owner!

BUYER BENEFITS: 
Owners of design under this contract will receive the following benefits:

  • One(1) free copy any/each piece of merchandise of the character (I will cover costs of shipping)
  • Ownership of any new digital artworks that I create of the character (I will add them to the toyhouse gallery)
  • 50% off a commercial license of the character, should the owner ever want to sell merch as well. (We would both own commercial rights in this case!)

FULL CONRACT HERE!
The document is kinda long as I want to protect the rights of the buyer and myself fully!
but essentially it’s saying the same stuff as this bulletin! 

THIS CONTRACT IS ONLY MADE AVAILABLE FOR SOME OF MY DESIGNS!!


Comments


JBB

Something that came to my mind is what would happen if the original owner decides to resell/trade the design? Does the special commercial agreement transfer over to the new owner or does it become void? Edit: Adding on to this, if the commercial agreement does indeed transfer and the new owner doesn't want merch to be produced any longer, what would happen then?

Kom

i want to know too! is like is the prev owner purchase the character permissiona and sold in the same price would be fair to the next owner ahve same permissions i guess but waiting the artist answer this 

Kom JBB this is a great question!!

I’m writing up the full document now, but essentially the contract at the time of sale transfers partial commercial rights to me!
So the design rights can be freely traded, sold or gifted, and I will maintain commercial rights.
The contract will stay active for the new owner, and all benefits will remain live for the new owner as well!

I am the only one who can relinquish ownership of commercial rights and so the contract remains live until I terminate it. It will be the original owner’s responsibility to notify a new owner of the contract, and if they don’t like it, then they should simply not purchase the design in question!

what if i already have commercial rights on my character

EDIT: Owners of commercial licenses for my designs will always have their commercial rights until they transfer design rights.
I would not reach out to design holders and ask for them to partake in this contract, that would be unprofessional of me for sure!

So this agreement will only be made available for SOME of my design at the time of sale!
The owners of my designs that I have been discussing the contract with offered it to me OR we have been speaking about the characters enough that the topic came up organically, but and I would not offer this contract unless I had already discussed the potential of merch with the owner !

THIS IS SUCH A COOL IDEA :D 

This is great ^^ i was wanting to make something like this for my clients too

FOR SURE!!
I’d be happy to share my outline once I draft it up with my clients!! 

That sounds awesome!! I appreciate that a ton! 🥰

great idea!

Ohh! Once you've settled on the terms, could you let me know? I'd love to see more about this! at this time i don't own any designs by you, but I'd love to do something similar with mine

I’ll be posting my full contract in a new bulletin so that people are fully aware of the terms before purchasing!
Keep an eye out for that! <3

this is something I’ve never seen before and it sounds super cool !! :) best of luck 💞💞🫶

Sounds fine to me!

JBB

That's a really cool idea that you came up with! I agree with the peeps down below, mutual and beneficial for both parties all around. I would love to work with you if I come across an agreement bound adopt, it sounds like a lot of fun!

This seems mutual and beneficial to both sides, I love it! Wishing you nothing but success! :D

Thank you!! I really appreciate it !!

Very cool to see someone do this and you seem like the perfect fit!! I was just thinking about something like this a few weeks ago! 

Thanks, I’m glad to get positive feedback on it!
It was an owner of one of my designs that gave me the go-ahead to make merch of a design, and I was thrilled !!
I hope it’s fair, I want to be sure it’s mutually beneficial, and that the buyer feels good about it !!

Oh yea, for sure!! I would say maybe the ONLY thing I can think of is running merch by owners first if the art could potentially be representing the character in ways the owner doesn’t want! 

Like for an example off the top of my head, making pride stuff and using a certain character for x flag but they’re not x sexuality / gender!

But I think limiting it to just stuff like that bc idt you want owners having say in what merch you draw for what characters but yea! You know what I mean LOL

YESSSS That was one of the points we touched on in my discussions!

My solution of this was to default to making merch of the character exactly as they were described in the original design and flavour text.
Of course owners change things about personality / gender / backstory, I love when my buyers do that!
My art will mainly focus on the character itself and not personality / gender / backstory, so no toes are stepped on!

Oooooo yea okay!! Totally makes sense! Really glad you’re putting so much thought into it, very professional!! /gen

THANK YOU!!! hehehe I appreciate your feedback so much, above all else I pride my professionalism and fairness !! <3