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Artist Licensing Agreement Template for New Zealand

An Artist Licensing Agreement under New Zealand law is a comprehensive legal document that establishes the terms and conditions under which an artist grants permission to another party to use, reproduce, or distribute their artistic works. The agreement is governed by New Zealand legislation, particularly the Copyright Act 1994 and the Contract and Commercial Law Act 2017, and includes provisions for protecting both the artist's intellectual property rights and the licensee's commercial interests. It details the scope of the license, territory, duration, payment terms, quality control requirements, and obligations of both parties, while also considering unique aspects of New Zealand law such as protection of Māori cultural elements where applicable.

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What is a Artist Licensing Agreement?

The Artist Licensing Agreement is essential for any situation where artistic works need to be legally licensed for commercial or institutional use in New Zealand. This document serves as a crucial legal framework for protecting intellectual property rights while enabling the commercial exploitation of artistic works. It is particularly relevant in today's digital age where artistic works can be easily reproduced and distributed across multiple platforms and territories. The agreement must comply with New Zealand's legal requirements, including the Copyright Act 1994, Contract and Commercial Law Act 2017, and relevant cultural protection legislation. It typically includes detailed provisions for licensing fees, usage rights, territorial restrictions, quality control, and term duration. The document is adaptable to various types of artistic works, from traditional visual arts to digital creations, and can be customized to accommodate specific requirements of different industries while maintaining compliance with New Zealand law.

What sections should be included in a Artist Licensing Agreement?

1. Parties: Identification of the Artist (Licensor) and the Licensee, including full legal names and addresses

2. Background: Context of the agreement, brief description of the artistic works, and purpose of the licensing arrangement

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

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

5. License Fee and Payment Terms: Details of licensing fees, royalties, payment schedule, and reporting requirements

6. Artist's Rights and Obligations: Artist's retained rights, warranties regarding ownership, and obligations to deliver or support the licensed works

7. Licensee's Obligations: Responsibilities of the licensee, including usage restrictions, quality control, and reporting requirements

8. Intellectual Property Protection: Provisions for protecting the intellectual property, including copyright notices and handling of infringement

9. Term and Termination: Duration of the agreement, renewal options, and circumstances for termination

10. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

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

1. Moral Rights: Specific provisions regarding the artist's moral rights, particularly relevant for jurisdictions with strong moral rights protection

2. Sublicensing Rights: Terms for allowing or prohibiting the licensee to sublicense the artistic works to third parties

3. Digital Rights Management: Specific provisions for digital distribution and protection of works in digital format

4. Cultural Sensitivity: Provisions regarding cultural appropriation and indigenous rights, particularly relevant for works incorporating Māori elements

5. International Use: Additional terms for international distribution and use of the licensed works

6. Merchandise Rights: Terms for creating and selling merchandise featuring the licensed artistic works

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

8. NFT and Blockchain: Provisions for digital tokens and blockchain-related rights, if applicable

What schedules should be included in a Artist Licensing Agreement?

1. Schedule 1 - Licensed Works: Detailed description and images of the artistic works covered by the license

2. Schedule 2 - Territory and Permitted Uses: Specific geographical areas and approved uses of the licensed works

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

4. Schedule 4 - Quality Control Guidelines: Specifications for reproduction quality and brand guidelines

5. Schedule 5 - Delivery Requirements: Technical specifications for delivery of artistic works and associated materials

6. Appendix A - Copyright Notices: Required copyright notices and attribution requirements

7. Appendix B - Approval Process: Procedures for obtaining approval for specific uses of the licensed works

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

New Zealand

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions














































Clauses









































Relevant Industries

Visual Arts

Digital Media

Publishing

Retail

Entertainment

Education

Museum and Galleries

Merchandising

Advertising

Fashion

Gaming

Cultural and Heritage

E-commerce

Relevant Teams

Legal

Commercial

Intellectual Property

Creative Services

Brand Management

Business Development

Rights Management

Content Acquisition

Merchandising

Cultural Affairs

Digital Assets

Product Development

Relevant Roles

Artist

Licensing Manager

Legal Counsel

Intellectual Property Lawyer

Gallery Director

Creative Director

Commercial Manager

Brand Manager

Rights Manager

Content Acquisition Manager

Merchandising Manager

Business Development Manager

Cultural Affairs Officer

Copyright Administrator

Art Director

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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