This template Copyright Licence Agreement – Merchandise – Art Centre should be used when the Art Centre wants to use an image of an existing Indigenous artwork (such as a painting, print, or drawing) (Image) on merchandise to be sold by it (Merchandise).
If the Image is to be used on merchandise which a third party (not the art centre) will manufacture and sell, and the Art Centre will act as the Artist’s agent in negotiating that arrangement, then Arts Law’s Copyright Licence – Merchandise – Third Party is more appropriate provided that the Art Centre does have the necessary authority as the artist’s agent. If the artist is being commissioned to create a special image, Arts Law’s template Commissioning Agreement – Private or Commercial Visual Artwork and Commission Agreement – Public Artwork 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 (Artist) and the person seeking permission to publish the image (Publisher) will 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.
This agreement is also available as part of our Copyright Licence Toolkit – Art Centres.
