Artwork is a property and therefore has Rights for the Artwork Owner(s). One of many Rights of an Owner is the Right it to control the use of her/his Artwork Property, especially for commercial purposes.
Any visible and identifiable Artwork in a Producer’s Project must have a Release from the Artwork Owner permitting the Artwork’s use in a Project.
Some examples of Artwork that will require release include: Works, which are primarily visual in nature, such as painting, photography, printmaking, and filmmaking. Other Works requiring a release include fine art, such as a song, book, print, sculpture, or especially a painting, illustration cover art or photograph on the outside of a published product such as a book, magazine, comic book, product package, video game, DVD, CD, videotape, or especially album art.
This Agreement between the independent Artist/Artwork Owner and the Producer is drafted in plain English that is easy to read and comprehend. This is a two page, nine clause legal Agreement. The Agreement may be filled in on your computer or printed out and filled in later.
We regularly receive feedback that we have successfully drafted our filmmaker contracts to be as complete as possible for all legal situations. However, should you experience a unique personal situation requiring the drafting of a special clause, please contact us at your convenience. Otherwise, you may be obliged to find a local entertainment lawyer experienced in the film making industry who will draft any and all other clauses for your Project’s unique situation or circumstance.
This Agreement is part of the Actor’s Deal, Director’s Deal, Producer’s Deal and the Investor’s Deal.
$99.00
Artist’s Name: _______________________________________________
(print names)
Artwork Owner’s Name: _______________________________________
Producer: __________________________________________________
Project Title: ________________________________________________
Project Genre: ______________________________________________
(Film, Music Video, Documentary, etc.)
Herein this Agreement the Independent Filmmaker is the “Producer”.
1. For good and valuable consideration herein acknowledged as received, the above named and undersigned Owner being the legal owner of, or having the right to permit the taking and use of Project depiction of certain Artwork, or series of Artworks to be used for the Project purposes, as named and described for identification purposes in the attached Exhibit ”A”, does grant to the above named and below signed Producer and her/his legal representatives, agents and assigns the full right to incorporate images of said art work(s) in the Project.
2. The Producer shall solely own the Copyright in the aforesaid Project, and any advertising or promotional material for such Project. The Producer shall have all Rights to use said Project hereinafter devised, and in all countries and territories worldwide, in perpetuity. The undersigned Owner also consents to the use of the images of said Artwork(s) in any printed matter and advertising and marketing materials used to promote said Project.
3. The undersigned Owner hereby waives any Right that he/she/it may have to inspect or approve the finished Project, or the advertising copy or printed matter that may be used in connection therewith, or the use to which it may be applied.
4. The undersigned Owner hereby releases, discharges, and agrees to hold harmless Producer, its legal representatives, and assigns, and all persons acting under its permission or authority, or those for whom it is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or . . . (continued)