NON-EXCLUSIVE licensing agreement
THIS IS AN AGREEMENT BETWEEN:
Gabriella Venice Domin T/A Gabriella Domin Art > Design ABN 542 863 966 97 (Artist)
AND
The Individual or Business that purchases the Works (Licensee)
Background
- The Artist is the absolute owner of the copyright in artworks she has created or creates (Works).
- The Licensee wishes to exercise the rights of a copyright owner on behalf of the Artist in relation to the Works.
- The Artist agrees to grant the Licensee a licence to reproduce the Works for manufacturing purposes on objects or products.
THE PARTIES AGREE AS FOLLOWS:
1. Licence
- In consideration of the payments made to the Artist under this agreement, the Artist grants the Licensee a non-exclusive licence to reproduce the Works for manufacturing purposes on objects or products (excluding selling as an artwork or posing as the artist of the works or relicensing the design in any way).
- The licence under clause 1.1 is an open-ended term, unless terminated.
- There is no limit to the number of products that the Artwork is to be applied to.
- The licence under clause 1.1 does not affect the Artist's right to reproduce any of the Works for the Artist's own purposes, or to market and sell the Work to other Licensees.
- The Licensee acknowledges that the Artist owns and will continue to own all rights and interests in the Works, including the copyright in the Works.
2. Attribution and alterations- The Licensee must not add, crop or otherwise alter the Works (excluding scale).
- Any alterations to the Work for the Licensee’s purposes must be made by the Artist only (excluding scale) and fees will be advised upon request.
3. Representations, warranties and indemnities- The Artist represents and warrants that the Artist:
- is the sole author of the Works, which are original to the Artist;
- owns or has been granted all rights and interests in the Works necessary to grant the licence to the Licensee under this agreement; and
- has the power and capacity to enter into this agreement and to perform the Artist’s obligations under this agreement.
- 2. The Licensee represents and warrants that the Licensee:
- has the power and capacity to enter into this agreement and to perform the Licensee’s obligations under this agreement;
- is responsible for any loss or damage to the Works, and must take out and maintain appropriate insurance for the Works while it is in the Licensee’s possession or control; and
- will promptly notify the Artist of any claim or suit arising out of or in relation to the Licensee’s use of the Works, and the Licensee will defend any such claim at the Licensee’s expense.
4. Payment- The Licensee must pay the Artist:
- The outlined fee of $____ excluding GST on the date of purchase as a non-returnable flat fee for the Work as described in the attached Schedule
- Upon receipt of payment, the Work will be digitally sent to the Licensee within 48 hours.
5. Termination- The Artist may terminate this agreement immediately by written notice to the Licensee if the Licensee:
- is more than 14 calendar days late in making any payment under clause 4;
- goes beyond the scope of the licence granted in clause1
- 2. On termination or expiry of this agreement, the Licensee must re-purchase the Licence, or :
- loses all the rights granted under this agreement.
- Must destroy all copies of the Work in their possession.
6. General provisions- 6.1.The parties acknowledge that they are independent contractors and that nothing in this agreement creates any relationship of partnership or employment between the parties.
- 6.2.This agreement may only be modified by a written amendment signed by the parties.
- 6.3.This agreement is governed by the law in force in New South Wales. The parties submit to the jurisdiction of the courts of that State and any court competent to hear appeals from those courts.
Executed as an agreement BY PURCHASING THE WORK DIRECTLY Or FROM THE WEBSITE www.gabrielladomin.com