The Art Licensing Contract is essential for situations where artistic works need to be legally licensed for commercial or non-commercial use under Austrian jurisdiction. This document is particularly relevant when artists or rights holders wish to grant specific usage rights while maintaining their underlying copyright and moral rights, which are strongly protected under Austrian law. The contract covers crucial elements such as scope of use, territory, duration, quality control, and compensation, while ensuring compliance with Austrian copyright law (Urheberrechtsgesetz) and related regulations. It's designed to protect both the licensor's artistic and commercial interests and the licensee's need for clear usage rights, making it suitable for various scenarios from traditional art licensing to digital content distribution.
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1. Parties: Identification of the Artist/Rights Holder (Licensor) and the Licensee, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, brief description of the artistic works, and the parties' intentions
3. Definitions: Detailed definitions of key terms including 'Artistic Works', 'Territory', 'License Period', 'Royalties', and other relevant terms
4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license
5. License Fees and Royalties: Payment terms, royalty rates, calculation methods, and payment schedule
6. Quality Control: Standards for reproduction and use of the artistic works, approval processes
7. Intellectual Property Rights: Confirmation of ownership, protection of rights, and handling of infringement
8. Obligations of the Parties: Specific responsibilities of both licensor and licensee
9. Term and Termination: Duration of agreement, renewal terms, and termination conditions
10. Warranties and Indemnities: Representations about ownership and rights, indemnification provisions
11. Confidentiality: Protection of confidential information shared during the agreement
12. General Provisions: Standard clauses including notices, entire agreement, amendments, governing law
1. Minimum Guarantee: Include when there's a minimum payment guarantee regardless of sales or usage
2. Sub-Licensing Rights: Include when licensee is permitted to sub-license the artistic works to third parties
3. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be defined
4. Moral Rights: Include detailed section when moral rights protection is particularly important to the artist
5. Digital Rights Management: Include when the license covers digital distribution of the artistic works
6. Exhibition Rights: Include when the license includes rights to publicly display the works
7. Geographic Restrictions: Include detailed section when territory restrictions are complex or crucial
8. Derivative Works: Include when the agreement allows for creation of derivative works
1. Schedule A - Licensed Artistic Works: Detailed list and descriptions of all artistic works covered by the license
2. Schedule B - Approved Products/Usage: Specific products or usage types permitted under the license
3. Schedule C - Quality Standards: Detailed technical specifications for reproduction and usage
4. Schedule D - Royalty Rates: Detailed breakdown of royalty rates for different products or usage types
5. Schedule E - Approval Procedures: Step-by-step process for obtaining approval for use of artistic works
6. Appendix 1 - Sample Approval Form: Template for submission and approval of proposed usage
7. Appendix 2 - Copyright Notices: Required copyright notices and attributions
Relevant legal definitions
Clauses
Relevant Industries
Arts and Entertainment
Publishing
Retail and Merchandising
Digital Media
Education
Museums and Cultural Institutions
Advertising and Marketing
Fashion and Apparel
Home Decor
Technology
Relevant Teams
Legal
Intellectual Property
Artist Relations
Product Development
Creative Services
Business Development
Rights Management
Merchandising
Content Acquisition
Quality Assurance
Relevant Roles
Legal Counsel
Artist Relations Manager
Licensing Director
Creative Director
Contract Administrator
Intellectual Property Manager
Art Director
Business Development Manager
Product Development Manager
Rights and Permissions Coordinator
Gallery Manager
Museum Curator
Publishing Rights Manager
Merchandising Manager
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