VIEWS: 794 PAGES: 6 CATEGORY: Protecting Intellectual Property POSTED ON: 2/8/2010
This document sets forth an agreement made between an artist and a band whereby the artist will design and create artwork for the cover of the band’s album. As drafted, this artwork agreement provides that upon the band paying the artist in full for the work, the artist transfers all right, title, and interest in and to the artwork to the band. This template agreement provides opportunities for customization to fit the needs of the drafting parties.
This document sets forth an agreement made between an artist and a band whereby the artist will design and create artwork for the cover of the band’s album. As drafted, this artwork agreement provides that upon the band paying the artist in full for the work, the artist transfers all right, title, and interest in and to the artwork to the band. This template agreement provides opportunities for customization to fit the needs of the drafting parties. ARTWORK AGREEMENT THIS ARTWORK AGREEMENT (the “Agreement”) made this _____ day of ____________, 2______ [Instruction: Insert Date], by and between __________________ [Instruction: Insert Artist name], _____________________ [Instruction: Insert address ] (the “Artist”) and _________________ [Instruction: Insert band member(s) given name(s) or Entity name] p/k/a ________________________ [Instruction: Insert Band’s Professional Name], ____________________________________ [Instruction: Insert Address] (the “Band”). WHEREAS, the Band desires to obtain the artistic services of the Artist; WHEREAS, the Artist desires to design and provide artwork (the “Work”) to the Band, for the purposes of reproduction of the Work on the Band’s album cover, among other uses; NOW THEREFORE, in consideration of the premises and the exchange of mutual covenants set out herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto covenant and agree as follows: 1. DELIVERY OF WORK A. The Artist hereby acknowledges and agrees that he/she shall delivery the Work to the Band by the ____ day of ___________, 2_____ [Instruction: Insert completion date], or at such other time as the parties hereto in writing may agree. The Artist shall use all of his/her reasonable best efforts to complete the Work on the agreed upon completion deadline. B. The Artist shall provide rough drafts of the Work to the Band by no later than the ___ day of ________, 2____ [Instruction: Insert rough draft date]. C. The Artist shall provide the Work to the Band in a form that is suitable for reproduction, subject to the Band’s approval. 2. GRANT OF RIGHTS A. The Artist hereby certifies and agrees that: (i) the Work will be created in the regular course of Artist's employment by the Band and that the Work has been specifically ordered or commissioned by the Band, (ii) the Work, and all other results and proceeds of Artist's services in connection with the Work are, and shall from inception be deemed works "made-for-hire" for the Band within the meaning of U.S. Copyright law and for the purpose of all other copyright laws throughout the world, and as such shall be the Band's sole and exclusive property, in perpetuity and throughout the Universe, and shall be free from any claims whatsoever by Artist or any individual or entity deriving any rights or interests from Artist; and (iii) in the event the Work, or any of the other results and proceeds (or any portion thereof) of the services described herein, shall not be deemed a work "made-for-hire," and/or to the extent that the Band is not deemed to be the author thereof in any territory of the Universe, Artist hereby irrevocably transfers, assigns and grants to the Band the entirety of copyright in and to the Work, and all © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 other rights in and to the the Work, and the results and proceeds of Artist's services in connection with all thereof, throughout the Universe in perpetuity. Artist hereby waives any so-called "droit morale" with respect to such material. B. Without limiting the generality of the paragraph 2(A), Artist further acknowledges, certifies and agrees that the Band shall have the right to exploit the Work in any and all media and via any and all methods, now known or hereafter devised, throughout the Universe, in perpetuity, as the Band determines in its sole discretion. The foregoing grant shall include but not be limited to the right to: (i) sell, distribute, promote and advertise merchandising products which embody the Work to the public, in all types of souvenir programs, posters, posterbooks and other paper products; (ii) to reproduce the Work in perpetuity; (iii) to distribute and display any reproductions of the Work; (iii) to copyright such reproductions as derivative works; (iv) to sub-license or assign the Work or any reproductions or derivative works thereof; (v) to exploit the Work and reproductions of the Work in connection with the packaging, advertising, promotion and publicity related to the Band’s next album, and the individual musical and recording selections (or parts thereof) embodied thereon. C. The Artist will, upon request, execute, acknowledge and deliver to the Band's assignees or designees (as appropriate) such additional documents as the Band may deem necessary to evidence and effectuate the Band’s rights hereunder, and Artist hereby grants to the Band the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if Artist shall fail to execute the same within five (5) business days after so requested by the Band. 3. CONSIDERATION A. In consideration of the rights granted to Band by Artist herein and for other good and valuable consideration the Artist and the Band hereby acknowledge and agree that the Band shall pay to the Artist the sum of ______________ Dollars ($________) (the “Fee”). The Band shall pay the Fee to the Artist in installments payable as follows: (i) one half (1/2) upon execution of this Agreement; and (ii) the balance promptly following the delivery of the completed Work to the Artist. B. In the event the Band cancels the request for the Work to be completed by the Artist, the Band shall pay to the Artist a cancellation fee in the amount of __________ Dollars ($______)[Instruction: Insert Cancellation Fee] and the Band shall retain no right, title or interest in or to the Work created by the Artist. C. The Band shall also cause Artist to be provided with five (5) compact disc copies of the Album solely for free distribution to Artist’s clients and/or for Artist’s personal use. The Band shall cause the original artwork of the Work to be returned to Artist promptly following the Band’s delivery of the album artwork elements to its then-current record label or as soon thereafter as feasible. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 4. CREDIT The Band shall cause Artist to be accorded copyright notice and credit on all reproductions of the Work, substantially as follows: © _______ [Instruction: Insert Creation Year], _________________ [Instruction: Insert Artist Name]". No casual or inadvertent failure by the Band, or its record label or the assignees, licensees or successors of such parties to comply with the terms of this paragraph shall be deemed a breach hereof; provided, however, that following the Band’s receipt of written notice of such failure from Artist, the Band shall cause the prospective cure of any such failure with respect to future reproductions. 5. REPRESENTATIONS WARRANTIES AND INDEMNIFICATION A. The Artist hereby represents and warrants to the Band and their assigns and licensees that the Artist has full power and authority to enter into this Agreement with the Band, and that the Artist is the sole and exclusive owner of the Work and is the sole and exclusive owner of the rights granted, transferred and assigned to the Band contained herein. B. The Artist hereby further represents and warrants that Artist is the sole creator of the Work, that the Work has not previously been published, and that neither this agreement nor the fulfillment hereof by Artist will infringe on the rights of any third parties. The Artist shall not take, nor suffer to be taken, any action that will impair the rights granted to Company hereunder. C. Artist will indemnify and hold the Band harmless from and against all actions, suits, proceedings, claims, demands, damages and costs (including any legal costs and reasonable attorney’s fees) occasioned to the Band in consequence of any breach of this warranty or arising out of any claim alleging that the Work constitutes in any way a breach of this warranty. D. All warranties and indemnities herein contained shall survive the termination of this Agreement. 6. GENERAL PROVISIONS A. This Agreement represents the entire agreement between the Artist and the Band and supersedes any prior agreement whether written or oral between the Artist and the Band. A waiver of any breach of any form will not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. B. Should any provision of this Agreement be deemed illegal or unenforceable, such provision shall not affect the validity of any of the other provisions of this Agreement. C. The failure by either party to perform any of its material obligations hereunder shall not be deemed a breach of this agreement unless the party alleged to be in default is given written notice of such failure to perform and such failure is not corrected within thirty (30) days from and after receipt of such notice. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 D. This Agreement shall be binding upon and will inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. The Band may assign the Band’s rights under this agreement in whole or in part in the normal course of business to effectuate the purposes hereof. E. Each party shall have the status of independent contractor to the other, and nothing contained herein shall constitute or contemplate either party as the other's agent or employee. F. This Agreement shall be governed by and interpreted in accordance with the laws of the State of ____________________ [Instruction: Insert State ], applicable to agreements entered into and wholly performed therein, with jurisdiction exclusive to the County of _______________ [Instruction: Insert County]. IN WITNESS WHEREOF the Artist and the Band have executed this Agreement on the day and year first written above. BAND: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] ARTIST: ________________________________ [Instruction: sign] 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 2011 Docstoc Inc. registered document proprietary, copy not 5
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