HomeMy WebLinkAboutArtwork License Agreement - Community Block Party Marketing - Anne Watson SorensenARTWORK LICENSE AGREEMENT: COMMUNITY BLOCK PARTY MARKETING
This ARTWORK LICENSE AGREEMENT: COMMUNITY BLOCK PARTY
MARKETING ("Agreement") is made this � day of tg�d, 2019 ("Effective Date"), by and
between the City of Meridian, a municipal corporation under the laws of the State of Idaho
("City"), and Anne Watson Sorensen, an individual person ("Artist").
WHEREAS, the Meridian Parks & Recreation Department desires to use the piece of art
entitled Meridian of Time (aka Funky Town #10), depicted in Exhibit A hereto ("Artwork"), for
promotion of the Meridian Community Block Party, an event to be held on September 7, 2019
("Event"), from 10:00 a.m. to 5:00 p.m., at Julius M. Kleiner Memorial Park; and
WHEREAS, Artist wishes to allow this use by allowing the Artwork to be scanned and
formatted in order to depict the Artwork on promotional materials for Event, and only for this limited
use, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. License; alterations. Artist grants to City an irrevocable license to digitally and/or
photographically produce derivative works from the image of the original Artwork, reproduce
such image or portion(s) thereof on any and all promotional materials advertising Event,
including, without limitation, the Meridian Parks & Recreation Activity Guide; Event posters,
flyers, videos, and e-mails; the City website and social media accounts; and all other promotional
materials, whether digital or print ("Promotional Materials"); distribute and publish such
Promotional Materials; and authorize third parties to do the same on City's behalf. Artist
acknowledges and agrees that the process of photographing, digitizing, printing, and/or
reproducing the image of Artwork on Promotional Materials may require that the image, or
portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the
original Artwork onto various media, in City's sole discretion. Artist specifically waives the right
to claim any remedy concerning the alteration of any image of Artwork or portion thereof for
preparation of the Promotional Materials.
B. Delivery of Artwork; purpose. Artist shall deliver to City high-resolution digital images of the
original Artwork, in .png and .jpg formats, suitable for use for the purposes set forth in this
Agreement.
C. Payment. Within thirty (30) days of receipt of Artist's invoice, City shall make total payment to
Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars
($300.00). This payment shall constitute full compensation from City to Artist for any and all
services, costs, and expenses related to services performed under this Agreement. Artist shall be
responsible for payment of any and all taxes due and owing for payment received under this
Agreement.
D. Promotion of print sales. Upon Artist's written request, so long as it is made by July 19, 2019,
City shall provide to Artist, at no charge, one (1) vendor space at the Event for the purpose of
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providing for sale prints of the Artwork and other artwork created by Artist. City shall attribute
the Artwork to Artist and provide a link to Artist’s website on the Event webpage, and in one (1)
post on the Meridian Parks & Recreation Department Facebook page.
II. TERMS AND CONDITIONS
A. Copyright. Artist’s intent is to allow City’s use of the Artwork only for Promotional Materials
for Event, and for no other use. Artist and City agree that the Promotional Materials for Event
shall constitute derivative works of the Artwork with a separate copyright. Artist shall maintain
any copyright in the original Artwork. City shall maintain the copyright in Promotional
Materials, which shall belong wholly to the City. As to the Promotional Materials for Event only:
1. Artist expressly waives any and all right, title, or interest in the Promotional Materials for
Event. Artist understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display.
2. Artist agrees to relinquish and waive any and all rights, title, and interest in the Promotional
Materials for Event, images thereof, or images of any portion thereof, including, but not
limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts
Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the
right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby
expressly waived except as otherwise provided herein. To the extent that the provisions of
this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990,
the provisions of this Agreement will govern and any such differences in the rights and duties
created thereunder are expressly waived.
B. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the
Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted
therein.
C. Photographs. Artist consents to City’s publication and/or use of any photographs or recordings
of Artist, Artwork, and/or derivative works created using Artwork, for promotional purposes.
D. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this
Agreement presents risks, some of which are unknown, and agrees to assume all such risks.
E. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever
discharge City and its agents and employees from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or property and losses and expenses caused or
incurred by Artist or City in the course of any activity associated with this Agreement not caused
by or arising out of the tortious conduct of City, regardless of the manner by which such claim
may be brought.
F. Relationship of Parties. Artist is an independent contractor and is not an employee, agent, joint
venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Artist and City or
between Artist and any official, agent, or employee of City.
G. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
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EXHIBIT A
M ERIDIAN OF T IME (AKA FUNKY T OWN #10)
Meridian City Council Meeting Agenda July 16, 2019 – Page 100 of 147