Art Gallery Copyright Agreement
Art Gallery Copyright Agreement
This Copyright Agreement (“Agreement”) is made as of [Month Day, Year], by and between:
[Your Company Name]
[Your Company Address]
[Your Company City, State, Zip Code]
[Your Company Number]
[Your Company Email]
(hereinafter referred to as the “Gallery”)
AND
[Artist's Name]
[Artist's Address]
[Artist's City, State, Zip Code]
[Artist's Phone Number]
[Artist's Email]
(hereinafter referred to as the “Artist”)
WHEREAS, the Artist is the creator and copyright holder of certain original works of art (“Works”);
WHEREAS, the Gallery wishes to exhibit and/or sell the Works in accordance with the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
1. Definitions
1.1 “Works” refers to all original artworks created by the Artist and listed in Exhibit A of this Agreement, including but not limited to paintings, sculptures, photographs, drawings, and mixed media.
1.2 “Exhibit” refers to the display of the Works at the Gallery for a specified period.
1.3 “Sale” refers to the transaction in which the Works are sold to a third party during the Exhibit or within a specified timeframe following the Exhibit.
2. Grant of Rights
2.1 Copyright: The Artist retains all copyright and ownership rights to the Works. This Agreement does not transfer copyright ownership to the Gallery.
2.2 Exhibition Rights: The Artist grants the Gallery the non-exclusive right to exhibit the Works at the Gallery’s premises and/or in online platforms for the duration of the Exhibit as specified in Section 3.
2.3 Sales Rights: The Gallery is granted the right to sell the Works during the Exhibit and for [0 days] after the conclusion of the Exhibit.
2.4 Reproduction Rights: The Gallery may create reproductions of the Works for promotional purposes only, including but not limited to flyers, brochures, and social media posts, provided that the Artist is credited as the creator of the Works. Any other use of reproductions will require separate written permission from the Artist.
3. Exhibition Terms
3.1 Exhibit Duration: The Exhibit will commence on [Month Day, Year] and conclude on [Month Day, Year].
3.2 Location: The Exhibit will take place at [Your Company Address].
3.3 Setup and Teardown: The Gallery will be responsible for the setup and teardown of the Exhibit. The Artist agrees to assist with the installation of the Works as necessary.
3.4 Insurance: The Gallery shall insure the Works against loss or damage while on display. The Gallery will provide proof of insurance to the Artist upon request.
4. Sale of Works
4.1 Pricing: The Artist shall provide the Gallery with a list of prices for each Work listed in [Exhibit A]. The Gallery will not change the prices without the Artist's written consent.
4.2 Commission: The Gallery shall receive a commission of [0]% of the sale price of each Work sold during the Exhibit. The remaining percentage will be paid to the Artist.
4.3 Payment Terms: The Gallery shall remit payment to the Artist within [0] days after the sale of a Work, along with a statement detailing the sale price, commission, and date of sale.
4.4 Unsold Works: Any Works that remain unsold at the conclusion of the Exhibit shall be returned to the Artist at the Gallery’s expense unless otherwise agreed upon in writing.
5. Copyright Protection
5.1 Registration: The Artist is encouraged to register the copyright of the Works with the U.S. Copyright Office to enhance protection. The Gallery will not be responsible for copyright registration.
5.2 Infringement: If the Gallery becomes aware of any unauthorized use of the Works, it shall promptly inform the Artist and cooperate in taking reasonable action against the infringer, including but not limited to notifying law enforcement or pursuing legal action.
6. Artist Responsibilities
6.1 Quality of Works: The Artist warrants that the Works are original and do not infringe on any third-party rights. The Artist shall not present any Work that is under a pending copyright dispute or claim.
6.2 Delivery of Works: The Artist agrees to deliver the Works to the Gallery at least [0] days before the Exhibit starts. The Works shall be delivered in a condition suitable for display.
6.3 Maintenance: The Artist shall be responsible for providing any necessary maintenance instructions for the Works to ensure their preservation.
7. Gallery Responsibilities
7.1 Promotion: The Gallery agrees to promote the Exhibit through various marketing channels, including print and digital media, to maximize attendance and sales.
7.2 Display: The Gallery will display the Works in a professional manner and provide adequate lighting and security to protect the Works.
7.3 Record Keeping: The Gallery shall keep detailed records of all sales, including dates, prices, and buyer information, and shall provide these records to the Artist upon request.
8. Termination
8.1 Termination for Breach: Either party may terminate this Agreement if the other party breaches any material term and fails to cure such breach within [0] days after receiving written notice.
8.2 Termination for Convenience: Either party may terminate this Agreement for any reason upon [0] days’ written notice to the other party.
8.3 Effect of Termination: Upon termination, the Gallery shall return any unsold Works to the Artist and cease all promotional activities related to the Works.
9. Indemnification
9.1 Artist Indemnification: The Artist agrees to indemnify and hold harmless the Gallery from any claims, damages, losses, or expenses arising from the Artist’s breach of this Agreement or any infringement of third-party rights.
9.2 Gallery Indemnification: The Gallery agrees to indemnify and hold harmless the Artist from any claims, damages, losses, or expenses arising from the Gallery’s unauthorized use of the Works.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [insert State], without regard to its conflict of law principles.
11. Miscellaneous
11.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral.
11.2 Amendments: Any amendments or modifications to this Agreement must be in writing and signed by both parties.
11.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.4 Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.
IN WITNESS WHEREOF, the parties hereto have executed this Copyright Agreement as of the date first above written.
[Your Gallery Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Artist's Name]
By:
[Full Name]
[Month Day, Year]
