VIEWS: 717 PAGES: 6 CATEGORY: Protecting Intellectual Property POSTED ON: 11/16/2009
This License of Electronic Rights Agreement is an agreement between a photographer and a client granting the client electronic licensing rights in the artwork. Electronic licensing rights refer to rights in digital forms of work such as CD-ROM's and DVD's. This document contains the material terms and conditions of the agreement including a description of the artwork, payment details, and the specific rights granted. It can be customized to fit the specific needs of the parties. This should be used by photographers that wish to grant electronic licensing rights in their work.
This License of Electronic Rights Agreement is an agreement between a photographer and a client granting the client electronic licensing rights in the artwork. Electronic licensing rights refer to rights in digital forms of work such as CD-ROM's and DVD's. This document contains the material terms and conditions of the agreement including a description of the artwork, payment details, and the specific rights granted. It can be customized to fit the specific needs of the parties. This should be used by photographers that wish to grant electronic licensing rights in their work. LICENSE OF ELECTRONIC RIGHTS AGREEMENT THIS LICENSE OF ELECTRONIC RIGHTS AGREEMENT (the “Agreement”) entered into this _____ day of ____________, ________ (the "Effective Date"), by and between ________________________, (the “Client”) and ________________________ (the “Photographer”). RECITALS; A. The Client desires to obtain the electronic licensing rights in and to certain photographs of the Photographer (the “Work”); and B. The Photographer desires to grant to the Client the electronic licensing right in and to the Work NOW, THEREFORE in consideration of the foregoing and of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1.00 DESCRIPTION OF PHOTOGRAPHER’S WORK 1.01 The Photographer hereby grants to the Client, a license for the electronic right in and to the Work of the Photographer described as follows: (i) Title ______________ Subject Matter ______________________ Number of Images __________. 1.02 The Client and the Photograph hereby agree that the Work shall be delivered to the Client by way of _______________________ (e.g., computer file ,etc.). 1.03 The Client and the Photographer hereby agree that the Photographer shall deliver the Work to the Client by __________ (___) days after the execution of this Agreement and upon receipt by the Photographer of the consideration set out in Article 2.01 below. 2.00 CONSIDERATION 2.01 The Client and the Photograph hereby agree that the Client shall pay to the Photographer the sum of _______________ ($_________) Dollars (the “Consideration”) for the electronic usage rights granted under this Agreement. 2.02 The Photographer hereby agrees that [he/she] will deliver to the Client the Work within _________ (___) days of receipt of the Consideration from the Client. 3.00 RIGHTS GRANTED 3.01 Upon the Photographer’s receipt of the Consideration, the Photographer hereby grants and assigns to the Client the following electronic rights in and to the Work: (i) for the product for publication named ____________________; (ii) in the following territory/territories ______________________; (ii) for the following time period ___________________________; (iii) the Client may use the Work for display purposes only and shall not have the right to digitally copy the Work unless agreed to by the Photographer and the Client in writing; and (iv) the Client shall have non-exclusive rights to and in the Work, unless otherwise agreed by the Photographer and the Client in writing. 3.02 Any and all rights which are not expressly granted in this Agreement are reserved to the Photographer, including, without limitation, all rights in any and all preliminary material provided to the Client and all non-electronic rights. 3.03 For the purposes of this Agreement, the term “Electronic Rights” shall mean rights in the digital form of works that can be encoded and stored from any type of media or computer diskettes, CD-ROM’s, computer databases or networks. 4.00 ADDITIONAL USE OF THE WORK 4.01 Should the Client wish to make use of the Work in any additional ways or for any additional purposes, the Client agrees that it shall first secure the consent of the Photographer to do so in writing and shall pay to the Photographer any and all additional fees as may be agreed to between them. 5.00 COPYRIGHT 5.01 The Client and the Photographer hereby agree that any published Work of the Photographer shall be published in the name of the Photographer and contain any and all copyright notices. 5.02 The Client hereby acknowledges and agrees that ownership of the Work shall remain with the Photographer and the Client hereby further agrees to take all reasonable steps to prevent any third parties from duplicating or distributing the Work. 5.03 All licensed Work that the Client received from the Photographer is non- transferrable to any third party and is for the Client’s own use. The Client hereby agrees that it shall not sell, loan, sublicense or in way transfer the Work and the Client further agrees that it may not grant to any third party the right to the use or distribution of the Work. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 6.00 INDEMNIFICATION 6.01 The Client hereby agrees to indemnify and hold the Photographer harmless from and against any and all claims, costs, including attorney’s fees, for any use by the Client of the Work for which no release was requested. 7.00 DISPUTE RESOLUTION 7.01 The Client and the Photographer hereby commit to good faith negotiations for a period of _______ (___) days from the date of notice by one party to another that there is a dispute between the parties arising out of or relating to the validity, construction, meaning, performance or effect of or the rights and liabilities of the parties hereto with respect to this Agreement (the “Dispute”), prior to referring the dispute to arbitration. 7.02 If after the _______ (___) day negotiation period, the Dispute persists, the Dispute shall be determined by arbitration pursuant to the rules of the American Arbitration Association, with arbitration to take place in _______________. 7.03 The prevailing party shall be entitled as part of the arbitration award to the reasonable costs and expenses (including legal fees and disbursements) of investigating, preparing and pursuing such claim or defence, and the party enforcing an award shall be entitled to reasonable costs and expenses (including legal fees and disbursements) incurred in connection therewith. 8.00 GENERAL PROVISIONS 8.01 Except as otherwise set out herein, the Client and the Photographer shall be responsible for their own legal and other expenses incurred in connection with the negotiation, preparation, execution, delivery and performance of this Agreement. 8.04 This Agreement shall enure to the benefit of, and be binding on each of the Client and the Photographer, and their respective successors and permitted assigns. 8.05 This Agreement (together with all other agreements or documents executed by the Client and the Photographer as may be contemplated by this Agreement) constitutes the entire agreement between the Client and the Photographer pertaining to the subject matter of this Agreement and such other agreements and documents and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written including, without limitation, any confidentiality agreements which may have been entered into between the Client and the Photographer prior to the date hereof. 8.06 Any provision of this Agreement which, as it may relate to the Client or the Photographer, is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 8.07 This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original or faxed form and the parties adopt any signatures received by a receiving fax machine as original signatures of the parties; provided, however, that any party providing its signature in such manner shall promptly forward to the other party an original of the signed copy of this Agreement which was so faxed. 8.08 This Agreement shall be governed by and construed in accordance with the laws of the /State of ________________. IN WITNESS WHEREOF the parties hereto have executed this Agreement. Name: Title: (Client) (PHOTOGRAPHER) Name: Title: © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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