Wedding and Portrait Photographers' Legal Handbook by Phillips Norman

Wedding and Portrait Photographers' Legal Handbook by Phillips Norman

Author:Phillips, Norman
Language: eng
Format: epub
Publisher: Amherst Media, Inc.
Published: 2005-03-14T16:00:00+00:00


LICENSE TO MERCHANDISE IMAGES

THISAGREEMENT, is made this ________ day of ____, 20 ___, by and between ________ _________ (hereinafter the "Photographer"), with a principal place of business at __________________________________ and _________________ (hereinafter “Marketer”), with a principal place of business at ______________________________________ as it relates to the use of a certain Works created by the Photographer (hereinafter the “Works”) for products (hereinafter the “Products”).

WHEREAS, the Photographer has produced the Works which shall be licensed for purposes of manufacturing and sale on wholesale and retail markets; and

WHEREAS, the Marketer desires to use the Works with certain products for manufacturing and sale on the wholesale and retail markets; and

WHEREAS, both parties will use best efforts and maximize their return on investment;

NOW, THEREFORE, in consideration of the above recitals and the mutual obligations and promises hereinafter and other valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties hereto agree as follows:

I. LICENSING OF MERCHANDISING RIGHTS. The Photographer licenses to the Marketer the right to use the Works which are described as: _________________________, which are owned by the Photographer. The Marketer shall manufacture and distribute the following merchandise ______________________________________________ which will contain the Works. Said merchandise shall be sold in the following geographical area:, _________________________________ and will be available for sale from ___________ , 20 ___ until ___________, 20 __.

2. COPYRIGHT. Unless expressly stated In this Agreement, all copyrights to the Works shall remain the property of the Photographer. All of the merchandise sold shall identify the Photographer as the creator of the Works and the owner of the copyright.

3. ADVANCE AND ROYALTIES. As an inducement to the Photographer, the Marketer shall pay to the Photographer an Advancement of future earned Royalties, equal to $_________ at the time this Agreement is signed. Said Advancement shall be nonrefundable. The Marketer is entitled to offset the Advancement by the first Royalties earned. The Marketer further agrees to pay the Photographer a royalty fee based upon the “Gross Sales” of the Products. The Royalty Fee shall be equal to______ percent (____%) of the gross sales volume of the Products. “Gross Sales” as used herein shall mean the total gross sales price to customers less shipping, taxes, and actual returns. Royalties shall be deemed to accrue when the Products are sold, shipped, or invoiced, whichever first occurs.

4. PAYMENTS STATEMENT, OPTION TO TERMINATE. Royalty payments shall be paid monthly on the first day of each month commencing_____, 20______, and the Marketer shall with each payment furnish the Photographer with a monthly statement of account showing the kinds and quantities of all Products sold and the price the Products sold for. If the Marketer fails to make any payment as required herein and the Marketer does not cure this default within thirty (30) days of the date the payment was due, then the Photographer has the right to terminate this Agreement and all rights licensed herein shall revert immediately to the Photographer. No notice of a right to cure shall be required by the Photographer to the Marketer.

5. INSPECTION OF BOOKS AND RECORDS.



Download



Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.