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st above written. LICENSOR Signature Print Name LICENSEE Signature Print Name Copyright License Agreement (Photograph) 5 written, relating to the subject matter of this Agreement. Copyright License Agreement (Photograph) 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year fir and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral orrein are for convenience only and shall not affect the meaning of the provisions of this Agreement. 12. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee,ailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: If to Licensor: If to Licensee: 11. Headings. The headings for section heuld make the provision valid, then such provision shall be deemed to be construed as so limited. 10. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and m this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision wother, shall constitute one agreement. Copyright License Agreement (Photograph) 3 9. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of__, without regard to conflicts of law principles. 8. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken toge sent to Licensee within 30 days of such assignment. 7. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of _________________nsor must notify Licensee in writing in the event of that Licensor assigns all or a material part of this Agreement (the "Licensor's Notice of Assignment"). The Licensor's Notice of Assignment must beser or other transferee of a controlling equity interest in Licensee. Licensor shall have the right to transfer its interest in this Agreement and in the Material without the consent of Licensee. Lice of Licensor. Licensee may, however, assign this Agreement without Licensor's prior written approval if such transfer is to a purchaser of all or substantially all of Licensee's assets, or to a purchag out any breach of Licensor's warranties set forth in Section 4 above. 6. Assignment. Licensee may not assign its rights, duties or obligations under this Agreement without the prior written approvalntity other than Licensee for the duration of this Agreement. 5. Indemnification. Licensor agrees to indemnify and hold harmless Licensee for any claims, suits, damages, actions, or other costs arisin (if License is exclusive) Licensor represents and warrants that Licensor has not licensed the Material to any person or entity other than Licensee, nor will it license the Material to any person or el. b. Licensor represents and warrants that it has the legal authority to grant Licensee the License, and that no other person or entity is required to give its consent for the License to be valid. c.or's Representations and Warranties. a. Licensor represents and warrants that it is the sole and exclusive owner of the copyright in the Material, and owns all right, title and interest in the Materiaensee shall remain obligated to pay to Licensor any royalties due to Licensor for each unit of the Work sold, whether those units were sold before or after the termination of this Agreement. 4. Licenslotted above shall be considered to be a material breach of this Agreement. e. In the event that this Agreement expires or is terminated pursuant to the terms and conditions under Section 2 above, Lic If it is determined that any Quarterly Royalty Payment has been deficient, Licensee shall have 7 days to pay Licensor the deficient amount. Failure to pay deficient royalty amounts within the time al by Licensee to Licensee's records, wherever commercially reasonable, in order to audit Licensee's stated sales records, and to confirm that all royalty payments are properly stated and accounted for.Quarterly Royalty Payments within the time allotted above shall be considered to be a material breach of this Agreement. Copyright License Agreement (Photograph) 2 d. Licensor shall be given accessays after the end of each quarter. Payment of each Quarterly Royalty Payment must be paid to Licensor in full within 30 days of the end of each quarter. Failure to submit Quarterly Reports or to make en-ending quarter, and the corresponding amount owed to Licensor as royalty payments for that quarter (the "Quarterly Royalty Payment"). Quarterly Reports must be received by Licensor no more than 7 ditten quarterly reports (the "Quarterly Reports") at the end of each quarter of the calendar year (March 31; June 30; September 30; December 31) stating the number of units of the Work sold for the thyalties discussed in Subsection (a) above, in the amount of $ . This advance shall be paid in full to Licensor within 7 days of the execution of this Agreement. c. Licensee shall submit to Licensor wrsiderations, deductions, or other formulae that will be used to determine the definition of "gross sales" for the purposes of this section.) b. Licensee shall pay to Licensor an advance against the rooperty of Licensor. 3. Payments. a. Licensee shall pay to Licensor a royalty of: per unit of the Work sold. % of the gross sales from each unit of the Work sold. Additional details: . (Include any conther units. e. At the end of the Term, or upon any termination of this Agreement, all rights, interest and ownership of the copyright in the Material shall revert to Licensor, and shall be the sole pral in the course of Licensee's business as soon as is commercially feasible. Licensee may sell any units of the Work that are on hand after termination of this Agreement, but shall not produce any furination stating Licensor's intent to terminate and the intended date of termination. d. In the event that this Agreement is terminated pursuant to this Section 2, Licensee shall cease using the Matering. c. In order to terminate this Agreement pursuant to Subsection (b) above, Licensor must provide written notice to Licensee or to Licensee's successor in interest within 30 days of the date of termf this Agreement. ii. Licensee ceases to sell the Work for any period of 12 consecutive months. iii. Licensee materially breaches a material provision, term, or condition under this Agreement, includied events occur, Licensor shall have the right to terminate this Agreement: Copyright License Agreement (Photograph) 1 i. Licensee does not sell any units of the Work within 12 months of the date o shall continue in full force and effect for a period of years (the "Term"), unless terminated earlier pursuant to this the terms of this Section 2. b. Should any one or more of the following enumerat not make any other use of the Material other than those authorized above without prior written approval from Licensor. 2. Term. a. The term of this Agreement shall begin on the date written above andn the Material. Licensee shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle Licensee to make any claim to ownership of the copyright in the Material. Licensee maynto another product, created by Licensee Use the Material in advertising materials Other/Details . The License shall be exclusive nonexclusive. Licensor shall remain the sole owner of the copyright i to Licensee a nontransferable license to use the Material in the preparation of the work in the following respects (the "License"): Reproduce the Material Sell the Material Incorporate the Material iE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows: 1. Grant of License. Licensor hereby grantsto permit Licensee to use the Material in the preparation of (Brief description of product Licensee for which will use Material) (the "Work"), under the terms set forth in this Agreement; NOW THEREFOR the "Parties"). WHEREAS, Licensor is the copyright holder and owner of all proprietary interest in (Brief description of photograph(s) to be licensed) (the "Material"). AND WHEREAS, Licensor wishes the licensor to live up to those representations. LICENSE AGREEMENT FOR COPYRIGHTED PHOTOGRAPH THIS AGREEMENT is made this day of , 20 , by and between ("Licensor") and ("Licensee", and collectively,of the sample agreement below state that the licensor will guarantee theses basic representations by indemnifying the licensee against any damages that the licensee might suffer due to the failure of ly be expected to make is that it has the ownership interest in the copyrighted material that it claims to have, and that it therefore has the right to grant the license in the first place. The terms rtant in this provision to define clearly the method by which royalty payments will be calculated. Licensor's Representations and Warranties The most basic representation that a licensor will general Or will certain expenses be deducted from gross sales before the percentage is taken, i.e., the amount of products returned by customers, expenses incurred in advertising the product, etc. It is impogiven the right to deduct certain expenses from gross sales revenue before a royalty percentage is applied. For example, will the royalty be a percentage of the total gross sales received by licensee?hod of calculating the royalty as a percentage of total sales is to select a percentage of gross sales revenues from all sales of the licensed products. However, in many instances, a licensee will be ased on the number of units sold by the licensee. In other cases, a royalty is computed as a percentage of the sales revenue received by the licensee in the sale of licensed products. The simplest metyears, all rights under the copyright will revert back to the licensor. Payments There are a number of different ways of calculating royalty payments. In some cases, a royalty is a flat amount paid blicensee will enjoy, thus clearly establishing the scope and boundaries of the license. Term The term of the license agreement, and of the license granted therein, is generally for a fixed period of ? Can the reproductions be sold? Can the photograph(s) be incorporated into another medium? If so, what medium, and how will it be incorporated? It is important to be very clear as to what rights the undle of different rights. When granting a license to a licensee, it is important to state clearly which particular rights will be afforded to the licensee. Can the license reproduce the photograph(s) License The license granted in this type of agreement spells out the kinds of rights that the licensee will be able to enjoy. As noted above, a federal copyright bestows upon the copyright holder a bpayments in return for that license. If your situation requires treatment of more complex issues, you should consult a competent attorney who can assist you in drafting a suitable agreement. Grant ofORM) Copyright License Agreements can be extremely complex. The sample agreement included in this kit is a basic agreement, addressing the key elements to licensing a copyright, and receiving royalty ts. In a license agreement, the rights are generally licensed for a defined period of time, after which the rights revert back to the copyright holder. Instructions for Copyright License Agreement (Fyright holder. However, the copyright holder is entitled to license or assign those rights to a third party. The copyright holder can choose to license all of the rights, or only certain specific righ, and there are a host of other rights included within the copyright bundle of rights. The rights conferred upon a copyright holder by federal law are exclusive; that is, they belong solely to the copts includes the right to sell the copyrighted material, the right to copy it, the right to adapt it to another medium, the right to perform it, and the right to publish it. This list is not exhaustivebundled" together under the copyright umbrella, affording the copyright holder the ability to use, sell, or transfer the copyrighted material in virtually any manner he/she wishes. This bundle of righ rights and protections afforded by the federal copyright statute. Rights Enjoyed by Copyright Holder Federal copyrights confer upon their holder a number of rights and protections. These rights are "r party, and creates the work in the course of that employment, then the work may be considered to be a "work for hire." In this situation, the employer would be the copyright holder, enjoying all theartist creates a sculpture, the copyright automatically attaches to the sculpture, with the artist being the holder of that copyright. However, if the creator of the work is under the employ of anotheopyright Office, please visit our website at www.findlegalforms.com, and click the copyright link. Copyright Holder In most cases, a copyright is held by the creator of the work. For example, when an s not necessary in order to enjoy the rights of a copyright holder, it does provide some additional protections against infringement, and is a fairly simple process. To register a work with the U.S. C must simply be given some tangible or permanent form. For instance, a song is fixed once it is recorded; a text is copyrighted once it is written. While registering a work with the Copyright Office iyright attaches to it. It protects the creator, and affords him/her the rights of a copyright holder, whether the holder takes any action to register the copyright or not. In order to be fixed, a workopyright with the U.S. Copyright Office, federal copyrights actually attach automatically to a work of art, a text, or any other creative work. Once the work is "fixed" in a particular medium, the coperm "copyright" generally refers to the statutorily created federal copyright, governed by the federal copyright statute (Title 17 of the U.S. Code). Creation of a Copyright While one may register a cight attorney review the agreement before you sign it. Basic Introduction to Federal Copyrights Copyright law falls largely, and often entirely, within the purview of federal law. Consequently, the tith general instructions explaining the significance and operation of each provision in the Agreement. The kit should be used to draft your own agreement, but you are advised to have a competent copyrr, all rights in the copyrighted material revert back to the copyright holder. Included in this kit is a sample form for drafting a copyright license agreement for a photograph or photographs, along w A copyright license generally is given for a specific duration, during which the licensee pays the holder a royalty amount for the use of the copyrighted material. Once the term of the license is oveghted photograph. While a copyright holder holds the exclusive rights to control and exploit the copyrighted material, he/she may transfer certain of those rights to a third party by way of a license.FINDLEGALFORMS.COM Copyright License Agreement (Photograph) ­ Kit This kit includes information and tools that will assist you in drafting a copyright license agreement, licensing the use of a copyri