Use of Artwork

Document Sample
Use of Artwork Powered By Docstoc
					                       THIS AGREEMENT MADE AND ENTERED INTO BY

Glenn Buettner and Jeff Waltersdorf of Mistrunner Publishing (hereafter “PUBLISHER”)


Reagan Lodge (hereafter “ARTIST”)

1. Copyright
Each piece of art listed in Appendix A (hereafter “The Artwork”) is copyrighted by ARTIST.

2. License
ARTIST grants to PUBLISHER a nonexclusive license to use The Artwork in accordance with the
terms of this license.

3. Right of First Use
ARTIST agrees that PUBLISHER shall have Right of First Use to The Artwork and that ARTIST will
not license The Artwork for use by others until the earlier of (a) 30 days from the date of first
publication of the Artwork by PUBLISHER, in any format or (b) one year from the receipt and
acceptance of The Artwork. Right of ARTIST to use and/or display The Artwork during this period
may not be transferred, sold, rented, sublicensed, or otherwise assigned; it is the express intent of both
parties to provide ARTIST only the opportunity to use The Artwork during the period indicated.

4. Use of Artwork; Distribution
PUBLISHER may modify (including the creation of derivative works), publish and distribute the
Artwork in print and/or electronic formats, create presentations which incorporate the Artwork, and use
the Artwork in developing pages for the World Wide Web and Intranet systems, provided that the
Credit section of this agreement (see Section 5 below) is adhered to by PUBLISHER. The Artwork
may not be rented, lent, or sub-licensed by PUBLISHER. PUBLISHER is expressly permitted to
transfer Artwork to a third party as necessary to create printed copies of a work containing the

5. Credit
PUBLISHER shall credit authorship of The Artwork to ARTIST in the same work in which any
artwork, or derivative thereof created under the terms of this license, is displayed. The notation of
authorship must be clear and unambiguous to a reasonable person. Acceptable forms of Credit shall
include, but not be limited to (a) inclusion of the ARTIST's name and copyright data of The Artwork
on the same page as the artwork, and/or (b) inclusion in the work of the ARTIST's name and a list of
page numbers on which The Artwork by that ARTIST appears within the work.

6. Right of Disavowal
The ARTIST shall retain the right to disavow authorship of The Artwork, or derivative thereof created
under the terms of this license, at any time, with or without cause. The ARTIST must notify the
PUBLISHER of the disavowal. The disavowal may be made for any use of the Artwork in general, or
for use of the Artwork in a particular work(s). Should ARTIST disavow any Artwork, PUBLISHER
must remove the Credit (as defined in Section 5 above) from the product(s) indicated by Artist (if
authorship is disavowed with relation to a particular work or works) or from all products using the
Artwork (if authorship of Artwork is disavowed in general) within thirty (30) days of notification. No
recall of existing product shall be required of the PUBLISHER, merely the removal of Credit from all
works published or distributed thirty (30) days after ARTIST notifies PUBLISHER of disavowal. In
the event of Disavowal, all other terms of this agreement shall remain in force.

7. Acceptance and Right of Refusal
The PUBLISHER retains the right to refuse, for any reason, The Artwork submitted by ARTIST under
terms of this agreement. The PUBLISHER must notify ARTIST of acceptance or refusal within ten
(10) days of receipt of The Artwork; at the end of ten (10) days, a lack of reply shall be construed as
acceptance on the date of the tenth day. In the event of a refusal, ARTIST shall not receive the balance
of the payment (per Section 9 of this agreement) and PUBLISHER shall not receive any right to The

8. Right of Artist to Receive Free Product
PUBLISHER agrees to furnish, at PUBLISHER's expense, at least one copy of any work in which
Credit is due ARTIST. For the purposes of this paragraph, each form of media in which a work is
produced shall be considered a different work (e.g., if the PUBLISHER creates an electronic PDF
document and a Print version of the same product, PUBLISHER shall be required to furnish ARTIST
with one copy of the PDF document and one copy of the Print version of the work as well).
PUBLISHER must send any copies required by this paragraph to ARTIST within fifteen (15) days of
First Publication. Revisions of existing product shall be construed as new works for the purposes of
this clause, multiple print runs, with no revisions (save for the print run number and printing date) shall
not be construed as new works.

9. Payment
PUBLISHER shall pay to ARTIST the amount indicated in Appendix A of this document, half upon
the contract agreement, and half within fifteen (15) days of receipt and acceptance of The Artwork. In
the event the payment by electronic funds transfer or other electronic means, date of payment shall be
understood to be the date on which PUBLISHER initiates payment, not the date on which payment is
received by ARTIST. In the event of payment by form of Money Order, Check, or other non-
electronic method, the date of the postmark on the envelope containing payment shall be understood to
be the date of payment, not the date on the Money Order, Check, or other non-electronic method. This
payment shall be a one-time payment and shall allow for unlimited, royalty-free Use of the Artwork as
defined in and subject to the parameters of Section 4 above.

10. Term and Territory
PUBLISHER's rights hereunder shall continue until the PUBLISHER's failure to comply with any of
the terms and conditions of this license. This license shall be applicable world-wide. This agreement
shall become effective upon the signature and dating of both parties, with the effective date being the
later of the dates listed with the signatures.

11. Amendments, Blanket Agreement
It is agreed that Appendix A, the List of Artwork and agreed-upon prices, may be modified by verbal
agreement of PUBLISHER and ARTIST (understood to include electronic means such as e-mail and/or
instant messaging programs), with PUBLISHER making the amendment subject to e-mail confirmation
within three (3) days by ARTIST. Appendix B shall consist of copies of all such e-mails. All other
amendments to this agreement must be made in writing and signed by both PUBLISHER and ARTIST
to become effective. PUBLISHER and ARTIST agree that the express intent of this clause is to
establish this contract as a blanket agreement covering all pieces of art licensed by ARTIST to
PUBLISHER, without need for a signed agreement for each piece of Artwork individually.

Signatures Follow

_____________________________________             _________________________________________
 Jeff Waltersdorf              Date                  Reagan Lodge (“ARTIST”)       Date
 Mistrunner Publishing (“PUBLISHER”)

APPENDIX A: Artwork and Price
Artwork (Name and/or Description)                                  Agreed-Upon Price
Twelve (12) quarter-page black and white illustrations             $25 each illustration

Shared By: