Updating and changing my rules on commercial use

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I have been receiving a lot of inquiries over the use of my stock for commercial use, and I have also recently had troubles with a use of my stock in a commercial project. Up until today I have been simply asking for a donation or a copy of the work being published/made, and this has not gone so well for me. I have received very low donations (that wouldn't even cover the cost of the product being sold) or have never received the product at all. I have also received requests for use where people don't want to send me anything, but want to make money off of my images. So, I am changing my rules and fees regarding commercial use. I am no longer taking donations, and will have a minimum fee set for any commercial inquires.

Thanks for your understanding,
Gretchen 

commercial use


Basically, anything that is NOT ART PRINTS or a MAGAZINE/ONLINE FEATURES where there is money in any amount being made or being exchanged is considered commercial use and must be worked out with me before the time is released or the stock used. 



***If you are an artist and wish to make a manipulation/ drawing/ etc to sell it as an art print (under 1000 copies) I allow this without need of permission. If you wish to have your finished piece featured in a magazine. I also allow this as long as you contact me first. I reserve the right to decide if an image is manipulated enough from the original to be sold as a print. 
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EXAMPLES OF COMMERCIAL USE


Book covers are considered commercial use, and must be worked out with me in advance. 


Character Creation based on my stock that used in a books, online for purchased download, in games etc is commercial use and must be worked out with me in advance.


Advertisement is considered commercial use. This includes instances where the stock is used as it, used to endorse or sell products, scrapbooking where the page is being sold, being used on webpages, being used as reference for an item to be ordered, etc.


*I reserve the right to change or add to my definitions of what is commercial use, as well as decided if the stock as been manipulated enough to sell prints. 


**Stock purchased via Premium content or through paypal still apply to the above rules. 


You have several options for using my stock for commercial use


Minimum fee for commercial use is set at 40 USD deposited via paypal or via DA points

or

A copy of the finished product including the shipping fees to send it to me. 

or

Providing other products, costume pieces, etc for stock purposes (I reserve the right to decide if the item being offered is acceptable as payment.)

Please have a contract ready for me to look at and sign when sending me inquiries. I do not provide model release forms. Everyone and every project has different needs, and it is not my responsibility to find out what your projects needs are. 



***I understand that USD may have a high exchange rate for certain places, and I am willing to negotiate the fee amount at my discretion. Paypal may also not be available in certain areas, and I am also willing to work with those who cannot pay the fee that way. 



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For clearer details about what un-edited and slightly edited refers to click link magikstock.deviantart.com/jour…



Examples of Acceptable use of stock that may be used for ART PRINTS and EDITORIAL (under 1000 print run). But MAY NOT be used on book covers, advertisements, etc with out contacting me first. 
Gone with the Wind by Takir Moonlight by TaniaART
© 2015 - 2024 magikstock
Comments8
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I for one really appreciate your definition of what you consider commercial. It is nice to see that there is considered a difference that actually tallies with mine as an artist that produces prints but for sale on POD sites which means I have no control over how many are sold but out of the many I have produced I have sold 1. This means I would have forked out hundreds of $ for no return and this is not fair either. However your view accepts that if I am entering into a contract to produce a book cover where I get (for example) $250 then $40 to you for the use of your art is again entirely reasonable.  There seem to be many producers of stock that set a charge for 'commercial' being anything that is saleable including prints which means basically I cannot use their stock for prints as I cannot afford this for something that may never sell.

Thank you for your reasonable approach and thank you for your stock.