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Artist Licensing Agreement for Malaysia

Artist Licensing Agreement Template for Malaysia

This comprehensive legal document, governed by Malaysian law, establishes the terms and conditions under which an artist grants rights to use their artistic works to another party. The agreement is structured in accordance with Malaysian Copyright Act 1987 and related legislation, providing detailed provisions for licensing scope, usage rights, territorial limitations, quality control requirements, and compensation terms. It includes specific protections for both the artist's intellectual property rights and the licensee's commercial interests, while ensuring compliance with Malaysian legal requirements for contract formation and enforcement.

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Artist Licensing Agreement

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What is a Artist Licensing Agreement?

The Artist Licensing Agreement is a crucial legal instrument used in Malaysia when an artist or creator wishes to grant specific rights to use their artistic works while retaining ownership of the intellectual property. This document is essential for protecting both the artist's creative rights and the licensee's commercial interests under Malaysian law, particularly in compliance with the Copyright Act 1987 and Contracts Act 1950. The agreement typically covers key aspects such as scope of license, territory, duration, payment terms, quality control measures, and usage restrictions. It's particularly relevant in today's digital age where artistic works can be used across multiple platforms and territories, requiring clear terms for both traditional and digital usage rights. The document should be customized based on the specific nature of the artistic works, intended use, and commercial arrangements between the parties.

What sections should be included in a Artist Licensing Agreement?

1. Parties: Identification and details of the Artist (Licensor) and the party receiving the license (Licensee)

2. Background: Context of the agreement, including brief description of the artistic works and purpose of the license

3. Definitions: Key terms used throughout the agreement, including 'Artistic Works', 'Territory', 'License Period', etc.

4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license

5. License Fee and Payment Terms: Financial terms including licensing fees, royalties, payment schedule, and reporting requirements

6. Artist's Rights and Obligations: Responsibilities of the artist, including warranties regarding ownership and originality

7. Licensee's Obligations: Responsibilities of the licensee in using and protecting the licensed works

8. Quality Control: Standards for reproduction and use of the artistic works

9. Intellectual Property Protection: Provisions for protecting the artist's IP rights and handling infringement

10. Term and Termination: Duration of agreement and circumstances for termination

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Artist Licensing Agreement?

1. Digital Rights Management: Specific provisions for digital distribution and protection of digital artworks

2. Merchandising Rights: Additional terms for using the artwork on merchandise or promotional materials

3. International Usage: Specific provisions for international licensing and territory-specific requirements

4. Moral Rights: Specific provisions regarding the artist's moral rights, particularly relevant for jurisdictions that strongly protect these

5. Sub-licensing Rights: Terms and conditions for allowing the licensee to sub-license the artistic works to third parties

6. Social Media Usage: Specific terms for social media and online platform usage of the artistic works

7. Exhibition Rights: Terms for displaying the works in physical or virtual exhibitions

What schedules should be included in a Artist Licensing Agreement?

1. Schedule 1 - Licensed Works: Detailed list and descriptions of all artistic works covered by the agreement

2. Schedule 2 - Technical Specifications: Technical requirements for reproduction and usage of the artistic works

3. Schedule 3 - Fee Schedule: Detailed breakdown of licensing fees, royalty rates, and payment terms

4. Schedule 4 - Approved Usage Examples: Examples and guidelines for acceptable use of the artistic works

5. Schedule 5 - Territory Specifications: Detailed list of territories where the license applies and any territory-specific requirements

6. Appendix A - Quality Control Guidelines: Detailed quality control standards and approval processes

7. Appendix B - Reporting Templates: Templates for usage reports and royalty calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions































Clauses






























Relevant Industries

Arts and Entertainment

Media and Publishing

Retail and Merchandising

Digital and Online Platforms

Advertising and Marketing

Fashion and Apparel

Consumer Goods

Education and Training

Gaming and Software

Interior Design and Decoration

Relevant Teams

Legal

Intellectual Property

Creative Services

Business Development

Commercial

Brand Management

Product Development

Content Acquisition

Rights Management

Digital Operations

Merchandising

Marketing

Finance

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Artist Manager

Creative Director

Licensing Manager

Business Development Manager

Commercial Director

Art Director

Product Manager

Brand Manager

Content Acquisition Manager

Rights Manager

Merchandising Manager

Gallery Director

Digital Rights Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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