Short answer: Paying for illustrations does not, by itself, make you the owner. Under US law, the copyright first belongs to the artist. You own it only if a signed written agreement transfers it to you, or makes it a "work made for hire". So read the contract before you pay. At US Illustrations, clients get full ownership of the art by default, and the contract states this clearly.
This is general information, not legal advice. For your own contract, talk to a lawyer.
The US Copyright Office explains the starting point in Circular 1, Copyright Basics:
"The copyright in a work initially belongs to the author(s) who created that work."
For a children's book, the "author" of the art is the illustrator. It does not matter who had the idea or who paid. If nothing is in writing, the illustrator usually keeps the copyright. You may only have a right to use the art, and that right may be unclear.
There are two common ways.
Circular 1 says rights can be transferred, but:
"The transfer, however, generally must be made in writing and signed by the owner of the rights conveyed or the owner's authorized agent. Transferring a right on a nonexclusive basis does not require a written agreement."
So an email that says "the art is yours" may not be enough. Look for a signed contract that names what is transferred.
Circular 30, Works Made for Hire explains that a commissioned work is a work made for hire only if it meets all four criteria. It must fall in one of nine listed categories, and:
"There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work. ... In the written agreement, the parties must expressly agree that the work is to be considered a work made for hire. ... The agreement must be signed by all parties. If a work fails to satisfy any of these requirements, it is not a work made for hire."
One of the nine categories is a "supplementary work". Circular 30 lists "pictorial illustrations" as an example. Whether your book fits is a legal question, which is one more reason to get the transfer in writing as well.
With ownership (copyright transferred to you), you control the art. You can reprint the book, make new editions, and use the characters on other products, within the terms of your contract.
With a licence, the artist keeps the copyright and lets you use the art in set ways. For example, the licence may cover one book, one format or a set number of years. A licence can be fine, but you need to know its limits before you plan a series, merchandise or an animated version.
Check that the contract answers these questions in plain words:
If a contract does not answer the first question clearly, ask before you sign.
For what affects the cost of a project, see our illustration pricing page and the cost guide.
Rights are one step of hiring an illustrator. The others are style, portfolio, quotes and a sample. Our hiring guide walks through all seven steps. Before you ask for quotes, use the 7-point quote checklist, and ask each illustrator the rights questions above. To see what real projects include, see what 12 picture book projects show about illustrations.
Do I own the illustrations if I paid for them?
Not automatically. Under US law, the copyright first belongs to the artist. It moves to you through a signed written transfer or a valid work-made-for-hire agreement.
What is "work made for hire" in a children's book?
It is a written, signed agreement that makes the person who commissioned the work its legal author. For commissioned work, it applies only to certain categories, and the agreement must say "work made for hire".
Is a licence bad?
No, but it has limits. Check what formats, territories and years it covers before you plan a series or merchandise.
Can the illustrator show my book in their portfolio?
Often, yes. It should be stated in the contract.
Who owns the art when I work with US Illustrations?
You do. Clients get full ownership of the art by default, and the contract states this clearly.
Tell us about your book and see your character in your chosen style first.
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