a. Upon receipt of full payment Lou Harper grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her e-book, print, and audio book cover and associated promotional materials.
b. Lou Harper retains copyright and ownership of all design and draft materials. The client understands that he/she has no right to alter the final cover design. Exceptions:
1. Changing size for printing or digital display.
2. Changing back cover copy or changing title for foreign editions. (Client is responsible for legally acquiring the fonts used.)
If the client desires any other alterations, he/she will consult Lou Harper. The client understands that additional payments may be required to make these alterations.
c. All original copyright of the individual elements used in the design is retained by the photographer or licensing agency.
d. Lou Harper retains the right to use client’s final book cover design, name, and book title in Lou Harper ‘s portfolio and to market and promote Lou Harper’s services.
e. The client agrees to abide by the terms of any license agreement for any images purchased by Lou Harper through a third-party image provider for use in client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run of 500,000 units. For books with a print run over 500,000, additional licensing fees may apply. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design.
f. If the client provides Lou Harper with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
g. There is no exposure cap, maximum sales restrictions (except related to stock imagery used as referenced above), or other use restrictions on the number of times the Book Cover may be downloaded for purchase. This license includes the right to use Lou Harper created cover art for individual marketing and/or promotional usage only. This may include: e-book covers, book related website designs, web blogs, tweets, interviews, articles, biography pages, book related web articles, advertising banners, computer screensavers or wallpapers (not for multiple resale-except print covers), print advertisements, e-fliers, e-brochures, e-newsletters, and PowerPoint presentations.
h. Book cover designs–with or without text–may not be used on products such as T-shirts, mugs, etc., whether for sale or promotional give away. If such action is desired client must obtain permission from Lou Harper and purchase extended licenses for all stock photographs used in the creation of the design.