This template Copyright Licence – Merchandise – Third Party should be used when a third party (not an Art Centre) wishes to manufacture and sell merchandise with an Artist’s artwork on it. The Art Centre will act as the Artist’s agent in negotiating that arrangement, provided that the Art Centre does have the necessary authority to act as the artist’s agent.
If the Art Centre wants to use an image of an existing Indigenous artwork (such as a painting, print, or drawing) on merchandise to be sold by it, then the template Copyright Licence Agreement – Merchandise – Art Centre should be used. If the artist is being commissioned to create a special image, Arts Law’s template Commission Agreements (Public and Private) are more appropriate. Contact Arts Law if you are unsure.
This template agreement assumes that the Artist owns the copyright in the licensed Image and is therefore the licensing party. If that is not the case, this agreement is not appropriate.
This template agreement complies with the Indigenous Art Code.
This template agreement:
- includes the most common terms that the copyright owner of the image (the Artist) and the person seeking permission to publish the image ill need to consider and agree on; and
- provides for a licence, rather than an assignment, of copyright. This means that the Artist retains ownership of all rights and interests, including copyright, in the Image. The Artist permits reproduction of the Image only for the specific uses set out in the agreement.
