Search icone
Search and publish your papers

Sample legal agreement for the provision of artwork for publication

Or download with : a doc exchange

About the author

 
Level
Advanced
Study
internation...
School/University
Reading...

About the document

Published date
Language
documents in English
Format
Word
Type
standard contracts
Pages
9 pages
Level
Advanced
Accessed
0 times
Validated by
Committee Oboolo.com
0 Comment
Rate this document
  1. Definitions and interpretation.
  2. Recital.
  3. Illustrator's obligations.
  4. Assignment of copyright.
  5. Payment of the price.
  6. Warranties and indemnity.
  7. Publisher's obligations.
  8. Reservation of rights.
  9. Cancellation.
  10. Moral rights.
    1. Assertion of moral right to paternity.
    2. Notice of assertion of moral rights of paternity.
    3. Waiver of moral right to integrity.
  11. General.
    1. Force Majeure.
    2. Whole agreement.
    3. Joint and several.
    4. Proper law and jurisdiction.
    5. Arbitration.
    6. Death of the illustrator.
    7. No modification
  12. Certificate of value.
  13. Schedule.
  14. Guidance notes to clauses.

This is a sample legal agreement for the provision of illustrator artwork for publication. The agreement provisions are drafted in favour of the publisher.

All vested contingent and future rights of copyright and all rights in the nature of copyright and all accrued rights of action and all other rights of whatever nature in and to the Artwork whether now known or in the future created to which the Illustrator is now or may at any time after the date of this Agreement be entitled by virtue of or pursuant to any of the laws in force in each and every part of the Territory.

Key Words: Assignment, License, Copyright, Moral Rights, Intellectual Property Rights, Publishing.

[...] on delivery and approval of the finished Artwork Warranties and indemnity The Illustrator warrants to the Publisher that: 6.1 The Illustrator is the sole owner of the Rights and has full power to enter into this Agreement and to give the warranties and indemnities contained in this Agreement; 6.2 The Illustrator will at all times during the creation of the Artwork be a ?qualifying person' within the meaning of the Copyright, Designs and Patents Act 1988, Section 154 and the sole author of the Artwork which will be original in [him/her] and has not previously been published in any form anywhere in the Territory; 6.3 The Artwork will contain nothing obscene blasphemous, libelous or otherwise unlawful and the exploitation of the Rights by the Publisher will not infringe the copyright or any other rights of any third party; and 6.4 The Illustrator will keep the Publisher fully indemnified against all losses and all actions claims proceedings costs and damages (including any damages or compensation paid by the Publisher on the advice of its legal advisers [and after consultation with the Illustrator] [and after approval by the Illustrator] to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any of the above warranties [or out of any claim by a third party based on any facts which if substantiated would constitute such a breach] Publisher's obligations The Publisher warrants, undertakes and agrees with the Illustrator: 7.1 that the Publisher does not undertake to publish the Work or include the Artwork in the Work but if the Publisher does so it shall on publication provide the Illustrator with 6 complimentary copies of the first edition of the Work and the Illustrator shall have the right to purchase on trade terms further copies for personal use but not for resale; 7.2 that if the Artwork is included in the Work the Illustrator will receive credit as the author of the Artwork substantially in the form ?Illustrations by (name of Illustrator)' or in some other form approved by the Illustrator on the [front cover and on the] title page of all copies of the Work published by the Publisher and the Publisher will use its reasonable endeavours to impose a contractual requirement on its licensees of the Work to do likewise; 7.3 to use its reasonable endeavours to ensure that the Illustrator will receive credit in a form similar to that set out in clause 7.2 on any other exploitation of the Artwork made or authorised by the Publisher; 7.4 that the Publisher shall own and take proper care of the Artwork but shall not be responsible for any loss or damage to it while it is in the Publisher's possession or in the course of production or in transit and the Publisher may in its discretion sell the Artwork but shall before doing so give the Illustrator the opportunity to purchase it on terms to be agreed; and 7.5 that while the Artwork is owned by the Publisher it shall lend the Artwork to the Illustrator for not more than (number) weeks in any year for the purpose of inclusion in a public exhibition of the Illustrator's work Provided that the Illustrator gives the Publisher reasonable notice of his wish to do so together with documentary evidence of insurance cover and prepaid carriage to and from the exhibition and Provided further that the Illustrator shall use his best endeavours to procure that at any public exhibition of the Artwork there shall be a full acknowledgment of the Work its author and the Publisher Reservation of rights The Publisher reserves the following rights: 8.1 if the Artwork contains a recognizable likeness of any living person to require the Illustrator to explain to such person the use to which the Artwork will be put and to obtain and deliver to the Publisher a written form of release from each such person in a form satisfactory to the Publisher; and 8.2 to require the Illustrator by written notice to alter or delete from the Artwork any part of it which the Publisher or its legal advisers considers to be objectionable or likely to be actionable at law and in the event that the Illustrator fails to do so within (number) working days of receipt of such notice or refuses or is for any reason unable to do so the Publisher may [make such alteration to the Artwork as it thinks fit notwithstanding any moral rights to which the Illustrator may now or at any time in the future be entitled pursuant to the Copyright, Designs and Patents Act 1988, Section 80 or the laws in force from time to time in any part of the Territory or by summary written notice to the Illustrator terminate this Agreement in which case the Illustrator shall without delay return to the Publisher any money already paid by the Publisher under clause] . [...]


[...] The publisher may wish to reserve the final installment for the date of publication The warranty that the assignor full power to enter into this Agreement' comprehends that there is no contractual or other restriction which would prevent him from doing so and is particularly important in protection against potential intellectual property infringement claims The details as to credit are a matter for negotiation It is a matter for negotiation as to whether the publisher will own the physical artwork itself (as distinct from the copyright in it) Where the publisher is to own the physical artwork itself, the right to borrow the artwork from the publisher for exhibition purposes could be valuable to the artist. [...]

Top sold for other law subjects

Co-Ownership and joint tenancy problem question

 Law & contracts   |  Other law subjects   |  Presentation   |  08/13/2008   |   .doc   |   5 pages

Recent documents in other law subjects category

Intellectual Property Code - Proportional remuneration

 Law & contracts   |  Other law subjects   |  Presentation   |  07/11/2018   |   .doc   |   4 pages

The Civil Rights Act of 1964

 Law & contracts   |  Other law subjects   |  Presentation   |  07/04/2016   |   .doc   |   2 pages