This is an agreement that grants the owner of a website a non-exclusive right to use an
artistâ€™s artwork on the website. In exchange for the perpetual grant of rights, the license
provides a one-time fee payable to the artist. This document contains numerous
standard provisions that are commonly included in these types of agreements, and may
be customized to fit the specific needs of the contracting parties. This agreement
should be used by small businesses that have a website and want to display licensed
artwork on the website.
WEB SITE ART LICENSE AGREEMENT
This WEB SITE ART LICENSE AGREEMENT (â€œAgreementâ€) is made and entered into
on this _____ day of ________________, 20__ [Instruction: Insert Date], by and between
____________________ [Instruction: Insert Name of Web site owner or entity] of
_________________________________________ [Instruction: Insert Address] (â€œOwnerâ€)
and ______________________ [Instruction: Insert Name of Artist] of
_________________________________________ [Instruction: Insert Address] (â€œArtistâ€).
WHEREAS, Owner is the owner and operator of a certain web site accessible through the
World Wide Web at the following URL: ______________________ [Instruction: Insert URL]
(the â€œWeb Siteâ€);
WHEREAS, Artist is the creator of certain original works of art, as described in Exhibit
â€œA,â€ attached hereto and incorporated by this reference (the â€œArtâ€);
WHEREAS, Owner wishes to use graphical depictions of the Art on the Web Site and
wishes to obtain a license from Artist that will permit Owner to display graphical depictions of
the Art on its Web Site; and
WHEREAS, Artist wishes to grant such a license, subject to the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and agreements set forth herein,
the parties, each intending to be legally bound hereby, do promise and agree as follows:
1. GRANT OF LICENSE
A. Artist hereby grants to Owner a non-exclusive, worldwide license to reproduce, exhibit,
utilize, display, and otherwise use the Art for display on the Web Site. Owner shall be
permitted to make graphical depictions of the Art, in suitable graphics file format for
placement on the Web Site. Such graphical depictions may be displayed on the Web
B. Owner shall have no right to grant sublicenses of any kind with respect to the Art.
C. Upon execution hereof, Artist is delivering to Owner printed copies of such Art. In the
event that such copies are inadequate, upon Ownerâ€™s reasonable request, Artist shall grant
Owner access to the original work of Art in order to assist Owner in the creation of the
graphical depictions for placement on the Web Site.
D. Owner shall post a separate page on its Web Site which is clearly accessible by hypertext
link from any page on which the Art appears on the Web Site, which includes, if so
desired by artist, approved: (i) biographical sketch about Artist, (ii) photograph of Artist,
(iii) information regarding how to contact Artist, and (iv) a link to Artistâ€™s Web Site (if
applicable). All material provided by Artist shall be deemed pre-approved.
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E. In no event shall Owner be permitted to modify or create a derivative work of the Art,
except for conversion of the Art into graphic format suitable for inclusion on the Web
Site. In the event that said conversion is deemed to be a derivative work under the U.S.
Copyright Act (i.e., 17 USC Â§Â§ 101, et seq.), said derivative work shall be owned and
registered with the U.S. Copyright Office in Artistâ€™s name.
2. ROYALTY PAYMENTS TO ARTIST
In consideration of the license of the Art granted hereunder, Owner shall make a one-time
payment to Artist in an amount equal to ______________ dollars ($_____) [Instruction: Insert
payment amount] upon execution hereof.
3. TERM AND TERMINATION
A. The term of this license shall be perpetuity, unless terminated pursuant to the terms
B. Artist may terminate this Agreement upon written notice to Owner in the event that
i. Breaches any material provision hereof, provided that no failure by either party to
perform its material obligations hereunder shall be deemed a breach hereof, unless the
non-breaching party has given written notice of such failure to the breaching party,
and the breaching party fails to cure such non-performance within ____ (__) days
after receipt of such notice;
ii. Uses the Art in a manner that is beyond the scope of use permitted in this Agreement;
iii. Files a petition in bankruptcy, is adjudicated by a court of competent jurisdiction to
be bankrupt or insolvent, or if a receiver is appointed over Owner.
C. Owner shall have the right to terminate this Agreement, with or without cause, upon
giving ______ (____) days advanced written notice to Artist