Docstoc

Web Site Art License

Document Sample
Web Site Art License Powered By Docstoc
					This is an agreement that grants the owner of a website a non-exclusive right to use an
artist’s artwork on the website. In exchange for the perpetual grant of rights, the license
provides a one-time fee payable to the artist. 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.
                 WEB SITE ART LICENSE AGREEMENT
       This WEB SITE ART LICENSE AGREEMENT (“Agreement”) is made and entered into
on this _____ day of ________________, 20__ [Instruction: Insert Date], by and between
____________________ [Instruction: Insert Name of Web site owner or entity] of
_________________________________________ [Instruction: Insert Address] (“Owner”)
and     ______________________    [Instruction:   Insert    Name     of    Artist]  of
_________________________________________ [Instruction: Insert Address] (“Artist”).

       WHEREAS, Owner is the owner and operator of a certain web site accessible through the
World Wide Web at the following URL: ______________________ [Instruction: Insert URL]
(the “Web Site”);

        WHEREAS, Artist is the creator of certain original works of art, as described in Exhibit
“A,” attached hereto and incorporated by this reference (the “Art”);

        WHEREAS, Owner wishes to use graphical depictions of the Art on the Web Site and
wishes to obtain a license from Artist that will permit Owner to display graphical depictions of
the Art on its Web Site; and

        WHEREAS, Artist wishes to grant such a license, subject to the terms and conditions set
forth in this Agreement.

        NOW, THEREFORE, in consideration of the promises and agreements set forth herein,
the parties, each intending to be legally bound hereby, do promise and agree as follows:

1. GRANT OF LICENSE

   A. Artist hereby grants to Owner a non-exclusive, worldwide license to reproduce, exhibit,
      utilize, display, and otherwise use the Art for display on the Web Site. Owner shall be
      permitted to make graphical depictions of the Art, in suitable graphics file format for
      placement on the Web Site. Such graphical depictions may be displayed on the Web
      Site.

   B. Owner shall have no right to grant sublicenses of any kind with respect to the Art.

   C. Upon execution hereof, Artist is delivering to Owner printed copies of such Art. In the
      event that such copies are inadequate, upon Owner’s reasonable request, Artist shall grant
      Owner access to the original work of Art in order to assist Owner in the creation of the
      graphical depictions for placement on the Web Site.

   D. Owner shall post a separate page on its Web Site which is clearly accessible by hypertext
      link from any page on which the Art appears on the Web Site, which includes, if so
      desired by artist, approved: (i) biographical sketch about Artist, (ii) photograph of Artist,
      (iii) information regarding how to contact Artist, and (iv) a link to Artist’s Web Site (if
      applicable). All material provided by Artist shall be deemed pre-approved.


© Copyright 2013 Docstoc Inc.                                                             2
   E. In no event shall Owner be permitted to modify or create a derivative work of the Art,
      except for conversion of the Art into graphic format suitable for inclusion on the Web
      Site. In the event that said conversion is deemed to be a derivative work under the U.S.
      Copyright Act (i.e., 17 USC §§ 101, et seq.), said derivative work shall be owned and
      registered with the U.S. Copyright Office in Artist’s name.

2. ROYALTY PAYMENTS TO ARTIST

   In consideration of the license of the Art granted hereunder, Owner shall make a one-time
payment to Artist in an amount equal to ______________ dollars ($_____) [Instruction: Insert
payment amount] upon execution hereof.

3. TERM AND TERMINATION

   A. The term of this license shall be perpetuity, unless terminated pursuant to the terms
      hereof.

   B. Artist may terminate this Agreement upon written notice to Owner in the event that
      Owner:

      i.   Breaches any material provision hereof, provided that no failure by either party to
           perform its material obligations hereunder shall be deemed a breach hereof, unless the
           non-breaching party has given written notice of such failure to the breaching party,
           and the breaching party fails to cure such non-performance within ____ (__) days
           after receipt of such notice;

     ii.   Uses the Art in a manner that is beyond the scope of use permitted in this Agreement;
           or

    iii.   Files a petition in bankruptcy, is adjudicated by a court of competent jurisdiction to
           be bankrupt or insolvent, or if a receiver is appointed over Owner.

   C. Owner shall have the right to terminate this Agreement, with or without cause, upon
      giving ______ (____) days advanced written notice to Artist.

Upon any termination hereof, all of Owner’s rights in and to the Art, as provided herein, shall
terminate and Owner shall remove all Art from display on the Web Site and destroy all graphical
depictions of the Art.

4. REPRESENTATIONS, WARRANTIES AND INDEMNITY

   A. Artist makes the following representations and warranties to Owner:

      i.   Artist is the sole and exclusive owner of the Art and the Art is not subject to any
           claims by any other party.


© Copyright 2013 Docstoc Inc.                                                           3
     ii.   Artist has the full right, power, and authority to enter into this Agreement and to grant
           the license to Owner as set forth herein.

    iii.   The Art is the original work of authorship created solely by Artist and Artist is the
           sole and exclusive copyright owner in and to said Art.

    iv.    To the best of Artists knowledge and belief, the Art does not infringe upon the
           copyrights or other proprietary rights of any other party.

   B. Owner represents and warrants that Owner has the full right, power and authority to enter
      into this Agreement and to grant the rights granted herein.

   C. Artist and Owner do hereby indemnify, save, and hold each other harmless from any and
      all loss or damage (including legal expenses and reasonable attorneys' fees) arising out of
      or connected with any claim by a third party that is inconsistent with any of the
      representations, warranties, and agreements herein, provided such claims are reduced to a
      final adverse judgment or settled with the prior written consent of the other party. In
      addition, Owner shall indemnify, defend, and hold Artist harmless of and from any and
      all liability, loss, damage, claim, or expense (including, but not limited to, reasonable
      attorneys' fees and court costs) arising from or related to the Web Site, provided said
      claim is not specifically related to the Art.

5. RESERVATION OF RIGHTS

   A. It is hereby acknowledged and agreed that all rights in and to the Art that is not granted
      by Artist to Owner herein, shall remain with Artist. Without limiting the foregoing,
      Artist maintains all exclusive rights in and to all proprietary rights relative to the Art,
      including but not limited to the copyright, moral rights, and any and all other rights that
      may exist under any state or federal law, subject only to the right of Owner to use the Art
      within the scope of this Agreement. Owner agrees that it shall not contest, dispute, or
      take any actions in contravention of the proprietary rights of Artist in and to the Art and
      depictions thereof.

   B. 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 of such graphical depiction
      is available or necessary.

   C. Artist shall have the sole and exclusive right, in its discretion, to bring any claim, suit,
      threat, or demand against any other party claiming infringement upon the proprietary
      rights of Artist in and to the Art.

6. MISCELLANEOUS

   A. All notice herein shall be hand delivered or sent via United State certified or registered
      mail, return receipt requested, or delivered by reputable national overnight delivery



© Copyright 2013 Docstoc Inc.                                                              4
      service, to the parties at their respective addresses as set forth at the addresses mentioned
      above, or at such other address as may be designated, in writing, by any such party in a
      notice to the other.

   B. This Agreement shall be governed by and any dispute or interpretation hereof shall be in
      accordance with the laws of the State of _____________ [Instruction: Insert State]
      applicable to agreements executed and wholly performed therein, with jurisdiction
      exclusive to the Federal and State Courts located in the County of _____________
      [Instruction: Insert County] and each of the parties consent to jurisdiction of such
      courts.

   C. This Agreement shall be binding upon and shall inure to the benefit of the parties and
      their respective successors, assigns, executors, estates, and administrators.
      Notwithstanding the forgoing, this Agreement may not be assigned by Owner.

   D. The waiver of an instance of breach or default by either party shall not act as a
      modification of this Agreement nor shall it foreclose such party from claiming
      subsequent breaches or default based upon the same or different set of circumstances.

   E. This Agreement contains the entire understanding of the parties relative to the subject
      matter hereof and supersedes and replaces all prior agreements and understandings
      between the parties.

   F. This Agreement may only be modified by a written agreement duly executed by
      authorized representatives of each of the parties.


IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above set
forth, with full knowledge of its contents and significance.


OWNER:

________________________________
By:    ____________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


ARTIST:

________________________________
By:    ___________________________ [Instruction: Insert Name of Signatory]
Title: ____________________________ [Instruction: Insert Title of Signatory]
SSN or FED ID: ___________________________ [Instruction: Insert Social Security
Number or Taxpayer ID]




© Copyright 2013 Docstoc Inc.                                                            5
                                     Exhibit “A”
                                      The Art

______________________ [Instruction: Insert Name(s) of Art]




© Copyright 2013 Docstoc Inc.                                 6

				
DOCUMENT INFO
Description: This is an agreement that grants the owner of a website a non-exclusive right to use an artist’s artwork on the website. In exchange for the perpetual grant of rights, the license provides a one-time fee payable to the artist. 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 document is also part of a package IT Policies and Procedures 49 Documents Included