CONTRACT FOR THE COMMISSIONING OF ONE OR MORE PHOTOGRAPHS OR WORKS OF ART AND AGREEMENT ON EXERCISE OF MUTUAL COPYRIGHTS

Similar documents
This contract is for services and products related to a photography shoot (hereafter Shoot ) to take place at the following time and place.

Contract for Artist Professional Services and Copyright

-and- (the Artist ) maquette means the drawing or model, prepared by the Artist, of the proposed Art Work;

THE UNIVERSITY OF AUCKLAND INTELLECTUAL PROPERTY CREATED BY STAFF AND STUDENTS POLICY Organisation & Governance

EL PASO COMMUNITY COLLEGE PROCEDURE

PARTICIPATION AGREEMENT between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and INSERT PARTNER'S CORPORATE NAME

ART SERVICES AND ACQUISITION AGREEMENT *******************************************************************************

N E E L COWRA REGIONAL ART GALLERY Entry Form Entry Form and Information

PHOTO IS:RAEL The International Photography Festival Open Call for PHOTO IS:RAEL - the 6 th International Photography Festival Rules and Regulations

APPENDIX 18 CANADIAN INDEPENDENT PRODUCTION INCENTIVE PROGRAM (CIPIP)

Fiscal 2007 Environmental Technology Verification Pilot Program Implementation Guidelines

Guidelines to Consign in Artist s Den Gallery

Artist Application to Consign in the Artist s Den Gallery

Terms and Conditions for the Use of the EZ-Reload by Card Facility

PHOTOGRAPHY FESTIVAL INDIAN INFLUENCES. 3 rd edition. 25 May 24 June 2018 BEAUCOUZE (49) France CALL FOR SUBMISSION

SAMPLE DOCUMENT. Date: 2014 USE STATEMENT & COPYRIGHT NOTICE

Thank you for your enquiry. The necessary forms for registering a sponsor s mark at Sheffield Assay Office are enclosed.

WGA LOW BUDGET AGREEMENT--APPLICATION

THE OFFICIAL RULES OF THE 2017 FRIENDS OF THE FOX RIVER PHOTO CONTEST

Annex N10 to Bank Service Agreement POS-Terminal Service

Metro DC Call for Art

A total of 100 engravers presenting work in 21x21cm format will be selected for the exhibition 21x21 with four guest artists.

PROFESSIONAL PHOTOGRAPHY SERVICES AND RELATED PRODUCTS 2019 LEGISLATIVE SESSION

AGREEMENT on UnifiedPrinciples and Rules of Technical Regulation in the Republic of Belarus, Republic of Kazakhstan and the Russian Federation

ASSIGNMENT OF RIGHTS

REPORT OF DIRECTOR OF CITY OPERATIONS AGENDA ITEM: 7 PORTFOLIO: TRANSPORT, PLANNING & SUSTAINABILITY (COUNCILLOR RAMESH PATEL)

Governing Council. Inventions Policy. October 30, 2013

Policy on Patents (CA)

WGA LOW BUDGET AGREEMENT

It is an honor for me to have the opportunity to capture with my lens this important moment for you, your family and friends.

LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS. Revised Edition 2014 CHAPTER XIX BIRTHS AND DEATHS REGISTRATION ORDINANCE

MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL PARK SERVICE, BUREAU OF LAND MANAGEMENT AND WILD HORSE FOUNDATION

LAW ON RECORDS OF BIRTHS, DEATHS AND MARRIAGES

TERMS AND REGULATIONS FOR PARTICIPATION IN THE EVENT

Shoalhaven Art Society

Case 2:11-cv BSJ Document 2203 Filed 11/20/14 Page 1 of 5

Request for Proposals: Beacon Hill Pump House Mural Project

500 Teapots Juror: Jim Lawton

ASSIGNMENT OF COPYRIGHT FORM

GUIDELINES FOR AN AGREEMENT FOR THE SHARED USE OF RADAR SENSOR DATA

Divi Southwinds Resort Christ Church, Barbados, WI March 9-13, 2016

ENTRY FORMAT AND FINALIST SELECTION:

Public Art Network Best Practice Goals and Guidelines

The Library's approach to selection for digitisation

A POLICY in REGARDS to INTELLECTUAL PROPERTY. OCTOBER UNIVERSITY for MODERN SCIENCES and ARTS (MSA)

with Raphaël Dallaporta the leading photographer > 2019 Edition

2017 All-Media Art Exhibit

1.1 In these Venue Owners Conditions the following terms have the meaning set out behind the terms:

A procedure is required to insure that appropriate guidelines and techniques are followed and utilized by photographers.

CONTRACT OF EMPLOYiMENT. between LULA MAE PERRY. and the PICKENS COUNTY BOARD OF EDUCATION PICKENS COUNTY, GEORGIA

Rules of the prize game Sa Zaba karticama dobivam više!

CARAPELLI FOR ART COMPETITION RULES AND REGULATIONS

FIRM POLICY PRO BONO POLICY. All Attorneys and Paralegals WHO THIS APPLIES TO: Business Operations CATEGORY: Allegra Rich CONTACT:

POLICIES AND PROCEDURES FOR PROCESSING ARTWORK PURCHASES

Client s Statement of Rights & Responsibilities*

STATE OF TEXAS Agreement of Sale COUNTY OF TARRANT

Visions of Light Photographic Exhibition Exhibit Mar 4 Mar 25, 2016

TERMS AND CONDITIONS. for the use of the IMDS Advanced Interface by IMDS-AI using companies

Loyola University Maryland Provisional Policies and Procedures for Intellectual Property, Copyrights, and Patents

IMPLEMENTING AGREEMENT NON-NUCLEAR ENERGY SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION

Public Art Accession, Selection Criteria and Gift Policy

KRYPTONITE AUTHORIZED ONLINE SELLER APPLICATION AND AGREEMENT Effective: January 1, 2018

PIERRE & ALEXANDRA BOULAT ASSOCIATION AWARD

2018 FILM PROJECT GUIDELINES AND APPLICATION FORM

THE REAL ESTATE COUNCIL OF BRITISH COLUMBIA. IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 as amended AND IN THE MATTER OF

Do or Don t Shoot! Museums and Visitor Photography

AUSTRALIAN ANTARCTIC FESTIVAL PHOTOGRAPHY COMPETITION 2018

Gypsy Statement of Limited Warranty. Part 1 General Terms

! Agreement Form 2017

ARTICLE 13 - COMPENSATION A. THEATRICAL

TNC agreement. The Writers Guild of Great Britain is a trade union registered at 134 Tooley Street, London SE1 2TU

Cash Converters Financial Services Guide

GENERAL SCRIPT AGREEMENT

(A Sample Letter of Agreement for manuscript preparation) (Sample) Letter of Agreement

Intellectual Property

Textron/Harman Fair Fund c/o Analytics Consulting LLC P.O. Box 2011 Chanhassen, MN PROOF OF CLAIM FORM

Wedding Photography Proposal & Agreement Photos By Tracy Miz. B. Photography P.O. Box 2368 Flournoy, Ca

IRISH SIMMENTAL CATTLE SOCIETY CATTLE SOCIETY LTD. HERDBOOK REGULATIONS

Measures for the Administration of Securities Investment within the Borders of China by Qualified Foreign Institutional Investors

MONETARY AGREEMENT between the European Union and the Vatican City State (2010/C 28/05)

WHEREAS, UCMERI requires additional financial support to sustain its operations; and

Throughout this article CAP will refer both to the actual Collie Art Prize competition and the Gallery representatives, as the context dictates.

a) by the original Writer $24,098 $24,580 $25,072 b) by another Writer $31,937 $32,576 $33,227

PUERTO RICO TELEPHONE COMPANY, INC. Second Revision - Page K-1-1 Canceling First Revision - Page K-1-1. ADDITIONAL SERVICES TARIFF SCHEDULE (Cont.

Policy No: TITLE: EFFECTIVE DATE: CANCELLATION: REVIEW DATE:

POLICY PHILOSOPHY DEFINITIONS AC.2.11 INTELLECTUAL PROPERTY. Programs and Curriculum. APPROVED: Chair, on Behalf of SAIT s Board of Governors

It is envisaged that the artwork commissioned for the exterior of the APT will:

Crossing Viewpoints. Industrial Heritage

TERMS AND CONDITIONS OF THE CALL FOR PROPOSALS

EMPLOYEE SECONDMENT AGREEMENT

AMENDED Artist Request for Qualifications & Proposals Wall Mural for Tremonton City, UT

PACT. agreement. The Writers Guild of Great Britain is a trade union registered at 134 Tooley Street, London SE1 2TU

Many thanks for your interest in taking part in Elmer s Big Parade Plymouth.

Provincial Art Bank Guidelines

Uniquely Alleghany! PHOTO CONTEST

UW REGULATION Patents and Copyrights

Ant Hill Photography, LLC

FACULTY OF ENGINEERING & INFORMATION TECHNOLOGIES RESEARCH DATA MANAGEMENT PROVISIONS 2015

500 Lights Juror: Chris Poehlmann

Little Free Libraries Public Art Project Call for Artists

Transcription:

CONTRACT FOR THE COMMISSIONING OF ONE OR MORE PHOTOGRAPHS OR WORKS OF ART AND AGREEMENT ON EXERCISE OF MUTUAL COPYRIGHTS 1 SECTION 1 IDENTIFICATION OF THE PARTIES Contract between: Artist s surname and first name: Address: Postal code: Telephone: Email: Represented by: Carrying on business under the corporate name (if applicable): GST Number (if applicable): QST Number (if applicable): Hereinafter referred to as the Artist. and Name of photographer and, if applicable, corporate name under which they carry on business: Address: Postal Code: Telephone: Email: Represented by: GST Number (if applicable): QST Number (if applicable): Hereinafter referred to as the Photographer. 2 SECTION 2 OBJECT OF THE CONTRACT The Artist commissions the Photographer for photographic reproduction(s) (hereinafter referred to as photograph or photographs") of the Artist s original work or works of art (hereinafter referred as work or works ) described in Section 3, under the terms set out in this contract. 3 SECTION 3 WORKS The Artist s works which form the object of this contract are outlined below and in Annex A (if applicable) : AGREEMENT ON EXERCICE OF MUTUAL COPYRIGHTS / PAGE 1

1) 2) 3) 4) 5) 6) AGREEMENT ON EXERCICE OF MUTUAL COPYRIGHTS / PAGE 2

4 SECTION 4 ORDER DELIVERY The Photographer shall deliver photographic reproductions media to the Artist in the formats stipulated below within [ ] business days of taking the photographs, at the latest. Number of digital formats: [ ] JPG, 72 ppi (dpi), for Internet [ ] Tiff, 300 ppi (dpi), for print [ ] other, specify: Number of print formats: [ ] 5x7 prints, [ ] glossy / [ ] matte [ ] 8x10 prints, [ ] glossy / [ ] matte [ ] other, specify: Other formats: Specify number and format for each: 5 SECTION 5 AGREEMENT ON EXERCICE OF MUTUAL COPYRIGHTS Whereas the copyright on the photography of the work belong to the Photographer, subject to the rights owned by the Artist on his work. Whereas the copyright on the work(s) of the Artist belong to the Artist. Whereas, in accordance with the Photographer s copyright, the Artist cannot use the photograph(s) without the consent of the Photographer, subject to the provisions set out in this agreement. Whereas, in accordance with the Artist s copyright, the Photographer cannot use the photograph(s) without the consent of the Artist, subject to the provisions set out in this agreement. The Parties agree that: 5.1 For any use or authorization of any use of the photographs for commercial purposes, in any material form whatsoever, including by-products sourced from commerce or from independent events promotion (e.g., book cover, t-shirt, posters for sale, digital reproduction or prints in the media, festivals and events having budgets for reproduction, etc.), the royalties in consideration for the use are payable without any limitations in terms of time, media, market, or territories traded, collected and distributed by the Artist as follows: AGREEMENT ON EXERCICE OF MUTUAL COPYRIGHTS / PAGE 3

5.1.1 In the case of a photograph which resembles a duplicate of the work, based on the fact that the Photographer provided limited interpretation of the point of view of the form of expression or presentation: Artist % Photographer* % 100 % * Based on current practices in such case, RAAV and CAPIC suggest 10% to the Photographer. 5.1.2 In the case of a photograph where the Photographer makes an original, or an important and meaningful contribution to the form of presentation of work (e.g., installation, performance, public art, sculpture, work in situ, etc): Artist % Photographer* % 100 % * Based on current practices in such case, RAAV and CAPIC suggest 50% to the Photographer. 5.2 The Artist may use the photographs without any limitations in terms of time, media, market and territories for the purpose of promotion, education and cultural mediation of the Artist s career and works (e.g., contemporary artistic work digital warehouse (CAWDW), Artist s website, archives and portfolio, submission of application, reproductions in medias promoting the Artist, etc.) without accountability to the Photographer. 5.3 The Photographer may use the photographs without any limitations in terms of time, media, market and territories for the purpose of promotion, education and cultural mediation of the Photographer s career and works (e.g., the Photographer s website, archives and portfolio, submission of application, reproductions in media promoting the Photographer, etc.) without accountability to the Artist. 5.4 The Artist undertakes to grant credit to the photographer for any use of the photographs, and shall ensure that any third party has the same obligation. 5.5 The Photographer undertakes to mention the Artist s name, the title of the work and year of realization in any publication of the photograph or for its archive, portfolio or any other form of use, or, if applicable, in accordance with an authorization otherwise given to the Photographer. 5.6 All payment to the Photographer from the Artist must occur within thirty (30) days following the Artist s receipt of copyright royalties paid by the user. 6 SECTION 6 REMUNERATION AND MODE OF PAYMENT 6.1 Commissioning of photographs and rights are granted in exchange of a fee of $ payable under the following terms: $ upon the signature hereof; and $ at the time of delivery by the Photographer and acceptance by the Artist of the photographs. AGREEMENT ON EXERCICE OF MUTUAL COPYRIGHTS / PAGE 4

6.2 Other than the copyright payment set out in Section 5 above, specify any other modes of payment: In the event that the Photographer does not receive full payment of the fees, the latter can, following a fifteen (15) day notice of default to which the Artist has not remedied, consider that this contract is terminated. In this case, the Artist may not use, in any way whatsoever, the photographs of his works. However, under this contract the Photographer is regarded as authorized by the Artist to own the rights of reproduction for the purpose of promoting the Photographer. 6.3 Compound interest of % a month, % annually, will be charged on any amount past due. 7 SECTION 7 CUSTODY AND PRESERVATION 7.1 The Photographer shall keep ownership of the photographs original files (source or negative) if necessary. The Photographer shall take reasonable measures to ensure the preservation of the photographs for future reference. The Artist shall receive archival copies for preservation purposes, and to access the photographs in the event that the original files would no longer be available. 7.2 Any use of the photographs not taken in consideration by this contract shall be written and signed in duplicate by the parties and shall be attached hereto. 8 SECTION 8 DISPUTE SETTLEMENTS 8.1 In case of litigation, the parties agree to seek the assistance of a mediator. As needed, and upon request by one of the parties, a representative or representatives of RAAV or CAPIC may act as mediators. 8.2 The parties commit to make all reasonable efforts possible to try to resolve all disputes related to the present contract or deriving from their interpretation or their application by means of mediation in accordance with the established procedures in articles 1 to 7 and in Book VII of the Quebec Code of Civil Procedure, as defined in the Act instituting the new Code of Civil Procedure (Draft law no. 28). 8.3 If the parties have not reached an agreement in the sixty (60) days following the appointment of a mediator, if required, one of the parties could appeal to the common law courts. 9 SECTION 9 STATUTES AND JUDICIAL DISTRICT This contract is governed by the laws applicable in Québec. The parties elect domicile in the judicial district of. Signed in duplicate at, this. for the Artist for the Photographer AGREEMENT ON EXERCICE OF MUTUAL COPYRIGHTS / PAGE 5