VIEWS: 3,478 PAGES: 5 CATEGORY: Protecting Intellectual Property POSTED ON: 10/12/2009
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.
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. III. WARRANTIES: 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 © Copyright 2013 Docstoc Inc. 2 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. IV. INDEMNITY: 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. VI. GENERAL: 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 prevailing party to any such arbitration or any other action that may be brought by either party shall be entitled to their reasonable attorney’s fees and costs from the non-prevailing party in addition to any other such relief as may be granted. © Copyright 2013 Docstoc Inc. 3 6.4 No failure or neglect of either party hereto in any instance to exercise any right, power or privilege under this Agreement or under applicable law shall constitute a waiver of any other right, power or privilege in any other instance. All waivers by either party must be in wiring and signed by the party to be charged. 6.5 This Agreement shall be governed by the laws of the State of [Insert Name of State], without regard to conflict of law principles. The Parties agree to voluntary consent to venue in and to jurisdiction in all courts in the State of [Insert Name of State]. 6.6 Website Owner may not assign the rights granted herein to any third party without the written consent of Artist. 6.7 This Agreement contains the entire agreement and understanding between the Parties and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter of this Agreement. WEB SITE OWNER ARTIST __________________________ ______________________________ Authorized Signature Authorized Signature __________________________ ______________________________ Print Name/ Title Print Name/ Title © Copyright 2013 Docstoc Inc. 4
"Website Art License Agreement"