VIEWS: 680 PAGES: 3 POSTED ON: 10/31/2009
DEED OF GIFT I, __________________________ [Address] (‘Donor’), hereby irrevocably and unconditionally give, transfer and assign, by way of gift, without limitation or restriction, to _______________________ its successors and assigns (the ‘Museum’) all right, title and interest in, including the copyright interests set forth in the attached Copyright Licence, arising from and to the following work or works of art (the ‘Work’), of which I am the sole owner: Artist: [Artist’s Name] (‘Artist’) Title: [Title of Work], Date: [Date of Work] Medium: [Medium of Work] Dimensions: [Dimensions of Work]. Edition: [x/y, APs]. If applicable Work includes/consists of the following components: The following equipment is included in the gift: *Public Identification of Gift: (please indicate preference) [ ] Donor wishes to be publicly acknowledged as the donor of this gift as follows: ‘Gift of _________________ ‘ [ ] Donor prefers that this gift be acknowledged as: ‘Anonymous gift’ Affirmation of Title. Donor affirms that a) Donor has good and complete right, title, and interest in and to the Work; and b) Donor has full authority to give, transfer and assign its right, title and interest in and to the Work; and c) the subject of this gift is free and clear of all encumbrances and restrictions; and d) to the best of Donor’s knowledge, the Work has not been imported or exported into or from any country contrary to its laws. Documentation Relating to the Work. In addition, Donor agrees to transfer to the Museum all documentation, and share with the Museum all information that may be in the donor’s possession, relating to the Work including the ownership, display and restoration of the Work prior to the date of this gift. 1 of 3 ADDITIONAL PROVISIONS FOR MEDIA WORKS [some provisions applicable only if Donor is the Artist and/or copyright holder] Certificate of Authenticity. Donor will transfer to the Museum an original certificate of authenticity for the Work in form reasonably satisfactory to the Museum, signed by the Artist (the ‘Certificate’). **Applicable only if donor is in possession of certificate. Archival Master for Media Works. In order to ensure the long-term preservation and integrity of the original material, Donor represents that the Museum is receiving an archival master made from the Artist’s master (supervised by the Artist or the Artist’s representative) and is in the same format as the original Artist’s master or in the following format(s):___________________. Preservation Copies for Media Works. In order to facilitate the long-term preservation of the Work, the Museum shall have the right to make copies and migrate the media to new formats for the purposes of preservation. Exhibition Copies. In addition, Donor agrees to transfer to the Museum at least one exhibition-quality copy of the Work in an exhibition format (an ‘Exhibition Copy’). To the extent the Museum determines necessary, each time the Work is to be exhibited by the Museum or a borrower of the Work, the Museum shall have the right to make copies for such exhibition. Installation Details – Future Installations and Display. In order to preserve the integrity of the Work, Donor shall provide the Museum with written instructions signed by the Artist relating to future installations of the Work and/or copies of any supporting materials related to future installation that may be in the Artist’s possession (together the ‘Installation Plan’.) which plan shall incorporate the 2 of 3 Museum’s reasonable requests. If no Installation Plan is provided, Artist agrees that the Museum shall be authorised to use its good faith judgment to determine an appropriate installation plan. This Deed of Gift and all matters relating to it shall be governed by the laws of the Country _________and/or State of _________. This Deed of Gift shall inure to the benefit of, and shall be binding upon, the successors, heirs, executors and administrators of the parties hereto. Any dispute arising hereunder shall be resolved in the courts of the Country_______ and/of State of ____________, IN WITNESS WHEREOF, I, intending to be legally bound hereby, have executed [and delivered] this Deed of Gift this ___ day of ____________, 20___. 1 ______________________________________ Donor’s Signature ______________________________________ Witness’s Signature ___________________________________________ Printed Name ___________________________________________ Printed Name [Add other witness details as required by governing law e.g. address, occupation] The Museum hereby accepts the above Gift this ___ day of _____________, 20___ and affirms that no goods or services were provided by the Museum in consideration for this gift. By: _________________________________________ 1 May be required to comply with governing law on gifts e.g. English law 3 of 3
"DEED OF GIFT"