My family friend did my illustrations for my first two books and did them for nothing as she is a friend, there has now been a fallout within the family and she's called me declaring her rights and what she can and what I can't do with regards to the books......we had nothing in writing to start with but can anyone help me with what rights she has??? Thank you.
Always have a contract. Always.
At the moment, you are the person with the problem because you are using images you do not have a legal right to use, but don't feel bad about that because she's a tool for not protecting herself and her work in the first place.
Sit down with her and draw up an agreement. I am not a lawyer, but I'm thinking it will cover what you use her images for (including derivative images, eg website banners), how long for (time scale or number of impressions), payment to her (royalty or one off payment), what kind of license you have to use her images (is she allowed to resell them elsewhere?).
Thanks, yes she's named as the illustrator on the book, she's thanked in the book and on my website she has her details to be contacted if anyone needs an illustrator......She totally designed the book herself but I did the front cover, the 2nd book that she did I had a friend colour the pictures....but no money has been exchanged. Should I still be worried she's could kick up a fuss and demand money?? she's asked that her pictures not be used in other way....like sold as pictures etc...which I have agreed.
Absolutely. If they're still the opportunity to talk it over. Tell your friend that you will name her as the illustrator on the back cover of your book. If your book makes it big time this will in turn bring her to the public light. I would suggest dropper a line telling her that you would like to put her on the back cover of your book. Did you commissioned her to do the work did she designed it totally ?