Art contracts and ownership

Every art commission needs a written agreement, even between friends. It does not need to be long or intimidating, but it must answer one question above all others: who owns the art when it is done? Under default copyright law in most countries, the artist owns what they create, even if you paid for it. If the contract does not transfer rights to you, you may have paid for a painting you cannot legally print.

There are two common arrangements. A full rights transfer or "work for hire" agreement gives you ownership of the artwork outright, which is the cleanest option for a game you intend to publish, and typically costs more. A license grants you specific uses, for example the right to print the art in this game and its marketing, while the artist keeps the copyright and can resell or display the work. Licenses are cheaper but read the limits carefully: an expansion, a second edition, or a digital version may not be covered.

Beyond rights, a good contract covers payment terms (amount, deposit, milestones), the deliverables (how many pieces, at what resolution and file format), the schedule, the number of included revision rounds and the cost of extras, a kill fee if either side cancels partway, and credit, since artists are customarily credited by name in the rulebook and on the box. Print-ready files should be delivered at high resolution with layered source files if you negotiated for them.

If a publisher later picks up your game, they will ask what rights you hold to every piece of art. Clean, documented ownership makes that conversation trivial. Missing or ambiguous contracts can stall a signing, so keep every agreement and invoice filed from day one.

Video tutorials

What game designers should know about copyrights and trademarks | Zachary Strebeck

Your responsibilities to the publisher | Board Game Contracts Explained: Part 5 *Board Game Design*

Reference tutorials and tools

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