master working document 6.26.07
 COPYRIGHT LICENSE

The undersigned, being the owner of all copyrights in and to the following work:

Artist:					[Artist’s Name] (“Artist”)
Title:					[Title of Work], 
Date:					[Date of Work]
Medium:				[Medium of Work]
Dimensions:				[Dimensions of Work].
Edition:				[x/y, APs].
If applicable Work includes/consists of the following components:

As well as any other work(s) I have created [this clause may need to be adapted it you are working with an artist’s estate]  which are now in the collection of ___________________________(the “Museum”), (all such work(s) being individually and collectively referred to as the “Work”), and desiring to support the cultural, educational, promotional and related objectives of the Museum, for good and valuable consideration, receipt of which I hereby acknowledge, hereby authorize the Museum:

[General]
(1)	to reproduce copies of the Work (or excerpts of the Work, if applicable) in any medium now known or only later invented (the “Copies), and to distribute the Copies to the public through any means now known or only later invented, including, for example and without limitation, through print, electronic and digital media (for the avoidance of doubt, this permits use of the work in publication and educational materials but, does not include the right to copy the Work for commercial sale);  (2) to publicly perform the Work (if applicable); (3) to transmit, broadcast or otherwise communicate a display of the Work to the public by means of any device or process now known or only later invented (examples include, but are not limited to, film and television); (4) to place Copies on its web-site and (5) to authorize others to do any of the foregoing in support of the Museum’s programs.  

This non-exclusive, royalty-free, world-wide license, which does not transfer ownership of my copyrights in the Work to the Museum, may not be revoked, shall endure for the life of the copyrights in the Work, and shall survive all assignments of copyrights.   

Whenever feasible, the Museum will include (and cause others to include) the following copyright notice, or one similar to it, in connection with the Copies.

Please check and initial one: 

_____ © [Artist's Name].
_____ © [Artist's Name].  Courtesy of the [Artist/Artist's Estate].
	_____ © [Artist's Name].  Used by permission.
	_____ Other.  (Please specify)______________________________________________________

If the Museum acquires any other of my work(s) after the date of this non-exclusive license, its terms and conditions shall also extend to and include such work(s).     

Specific to time-based media works: [some material in this area duplicates items noted in “General section”]

2.1 	to make still images and / or electronic records of the installed Work for documentation purposes

2.2	to select and reproduce still images and / or electronic records of the installed Work and to store them in computer systems for the use of the Museum and to make such electronic data publicly available by any electronic platform, including the Internet and e-mail;

2.3	to select and reproduce still images and / or electronic records of the installed Work for any publicity and marketing material, advertising posters, invitations, membership brochures, exhibition reviews and articles, exhibition catalogues and handbooks, e-bulletin (electronic newsletter) and similar materials;

2.4	to select and reproduce still images and / or electronic records of the installed     Work in scholarly catalogues and in educational material and videos;

2.5 	to make copies and migrate the media to new formats for the purposes of preservation. 

2.6  	to screen or publicly perform the Work, or any part of the Work, at the Museum; Unless otherwise indicated, to the extent the Work is a film based work, the Museum is authorized to display the Work in video format and to effect such display the Museum is authorized to make a tele-cine transfer. Yes____  No_____(Please check one if Work is film).

2.7	to stream or web-cast the Work and any part of the Work on the Museum’s     website.

2.8	to arrange for the production of exhibition copies of the Work as necessary to enable the Museum to display or loan the Work (“Exhibition Copies”) [which shall include the right to sub-license any or all of the above rights for screening purposes].  

2.9	To authorize others to do any of the foregoing in support of the Museum’s programs.  

Time-Based Media Guidelines –
3.1 	In the event that the original medium and/or the Installation Plan become obsolete, I agree wherever possible to work with the Museum if requested to determine appropriate time-based media guidelines for the Work (the “Time-Based Media Guidelines”) acceptable to both the Museum and me.  

WARRANTIES AND UNDERTAKINGS

	The Undersigned warrants and represents to the Museum as follows:

4.1	that he or she has good and complete right, title and interest in and to the copyright in the Work or is otherwise entitled to license the copyright or holds a copyright license which would allow for grant of a sub-license for the copyright on the terms of this license, (or where the undersigned is acting as agent that he or she is acting on behalf of and with the consent of the legal licensor of such a copyright license); 
4.2	that the ownership of this copyright is not subject to any undisclosed liens, charges, licenses or other encumbrances; 
4.3	that the Work and/or the granting of this license does not and will not infringe any third party’s copyrights or other intellectual property rights; 

GOVERNING LAW

This License and all matters relating to it shall be governed by the laws of the Country ________and/or State of _________.  This License shall inure to the benefit of, and shall be binding upon, the successors, heirs, executors and administrators of the parties hereto.  Any dispute arising hereunder shall be resolved in the courts of the Country _________ and/or State of ____________,

Date:

Name:_________________________________

Signature:_______________________________