This is an agreement that grants the owner of a website a non-exclusive license to use
an artist’s artwork on the website. In exchange for the grant of rights, the agreement
provides a one-time fee payable to the artist. Additionally, the website owner can renew
the agreement for additional terms. This document contains numerous standard
provisions that are commonly included in these types of agreements, and may be
customized to fit the specific needs of the contracting parties. This agreement should
be used by small businesses that have a website and want to display licensed artwork
on the website.
WEBSITE ART LICENSE
This Website Art Agreement (the “Agreement”) is made as of _____________ (the “Effective
Date”) between ______________, located at ___________ (“Website Owner”) and
___________________, located at ______________ (“Artist”) hereinafter collectively referred
to as the “Parties.”
In consideration of the foregoing premises and the mutual covenants set forth in this Agreement
and other valuable considerations, the Parties agree as follows:
I. GRANT OF LICENSE:
1.1 Artist hereby grants Website Owner a non-exclusive worldwide license to use the Art
described as ________________________ and hereafter referred to as “the Art” on Website
Owner’s website(s). This license allows Website Owner to make suitable graphics file formats
for placement on the site and such graphic depictions of the Art may be used on the site.
1.2 The term of this license is for a period of_________(___) years, and may be renewed by
the Website Owner (“Additional Term”) with thirty (30) days notice to Artist prior to the
termination date of the Agreement as long as Website Owner is not in breach.
1.3 This license does not allow Website Owner to grant any sub-licenses of any kind with
respect to the Art. Upon execution of this Agreement Artist shall deliver to Website Owner hard
copies of such Art. Artist shall also provide access to original work of the Art in order to assist
Website Owner in the creation of graphical depiction for placement on the site. This license does
not permit Website Owner to modify the Art in any way except into graphic formats as needed to
be published on the site.
II. PAYMENT FOR USE:
2.1 In consideration for the grant of license to use the Art, Website Owner agrees to make a
one-time payment to the Artist in the amount of ___________ ($_____) Dollars. Should
Website Owner desire to use the Art in ways other than those specified in this Agreement,
additional agreements and payments will be required.
2.2 In the event that Website Owner desires to renew the Agreement for an Additional
Term(s), a payment of __________ ($______) Dollars shall be made to Artist at the start of each
new Additional Term.
3.1 Artist warrants that the Art provided pursuant to this license does not violate any
Agreement or obligation between Artist and any third party. Further Artist warrants that the Art
delivered to Website Owner will not infringe any copyright, patent, trade secret, or any other
proprietary right held by any third party. [Instruction: Optional term] Artist warrants that the
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Art provided pursuant to this license has not previously been sold to any third party nor do any
third parties have exclusive rights to the Art work.
4.1 Each party shall indemnify, assume the defense of, and hold harmless the other party and
its directors, officers, employees, and agents from every claim, loss, damage, injury, expense
(including attorney’s fees), judgment, and liability of every kind, nature, and description arising
in whole or in part from the indemnifying party’s negligent, fraudulent, or illegal acts or
omissions except, as to the party requesting indemnification, to the extent such liability results in
whole or in part from the unauthorized, negligent, fraudulent, or illegal act or omission of the
party requesting indemnification.
V. PROPRIETARY RIGHTS/INTELLECTUAL PROPERTY:
5.1 Website Owner acknowledges and agrees that Artist shall keep all exclusive rights in the
Art and to all proprietary rights in relation to the Art including but not limited to the copyright or
any other rights that may exist under applicable law. Further, Website Owner agrees not to
contest, dispute or take any actions with regards to the proprietary rights of the Artist and the Art
and its depictions.
5.2 Artist shall have the right to obtain and apply for a copyright registration relative to the
graphical depiction of the Art to the extent separate copyright is available or necessary.
5.3 Artist shall have the sole and exclusive right to bring any claim, suit or demand against a
third party for infringement upon the proprietary rights of the Artist and the Art.
6.1 This Agreement may only be amended with the written consent of both Parties.
6.2 If any term, provision, covenant or condition of this Agreement, or its application to any
person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder
of this Agreement and such term, provision, covenant or condition as applied to other persons,
places and circumstances shall remain in full force and effect.
6.3 The Parties agree that any claim or dispute between them or against any agent, employee,
successor, or assign of the other, whether related to this Agreement or otherwise, and any claim
or dispute related to this Agreement shall be first taken to arbitration pursuant to the rules of the
American Arbitration Association. Any award of the arbitrator may be entered as a judgment in
any court of competent jurisdiction. Further, the