Author: Hodes, Scott and Gross, Karen

Publication Year: 1977

Media Type: Report

Summary:

Although a licensing agreement covering art reproductions will contain features common to all licensing agreements, there are certain provisions unique to this field. The appendix to this article contains a Model Licensing Agreement (Model Agreement) which was drafted to meet the special needs of museums intending to license their works for reproduction. The text of the article discusses and analyzes the major features of the Model Agreement: The rights and obligations of the respective parties, the maintenance of quality control, the payment of royalties, tax considerations, and termination provisions.

Abstract:

Although a licensing agreement covering art reproductions will contain features common to all licensing agreements, there are certain provisions unique to this field. The appendix to this article contains a Model Licensing Agreement (Model Agreement) which was drafted to meet the special needs of museums intending to license their works for reproduction. The text of the article discusses and analyzes the major features of the Model Agreement: The rights and obligations of the respective parties, the maintenance of quality control, the payment of royalties, tax considerations, and termination provisions. While some of the observations may appear self-evident to lawyers familiar with this area of the law, a detailed explanation is provided to aid museum personnel in understanding the purpose and intent of the provisions of the Model Agreement. (p. 621).

CONTENTS
1. The right to license.

2. The model licensing agreement.

A. Exclusive and nonexclusive rights.
B. Manner of reproduction.
C. Quality of reproduction.
D. Remuneration and royalties.
E. Termination.
F. Arbitration.
G. Limitation of liability.
H. Signatory Provisions.

Conclusion.

Arts & Intersections:

Categories: Legal Issues, Cultural Facilities