- Art Licensing Services -

 

Make Money from Licensing Your Art
Premium Licensing-Agent Services

 

 

 

Art Licensing Defined

Art Licensing is a way to covert Art Making into a Business

 

Art Licensing – What, Who, When, How

Manufacturers want to license art to use on their products. But what does it take for artists get their work seen and acted-upon by licensing decision-makers?

 

Art licensing – in it’s details – can be a rather complex beast. It can involve complicated contracts, convoluted financial terms, guarantees regarding copyrights (from both parties), territory, length of license term and other factors.

 

None of which will ever come into play unless the artist can find someone willing to risk the up-front investment needed to produce the product incorporating (and whose success depends upon) the artwork.

 

An image may be great, but if the artist is not a productive salesperson, then it is unlikely that the artwork will make it onto a licensed product.

 

WHAT – here’s what you need to start licensing your art:

  • A clear understanding of what licensing is and how it works, to serve as a basis for positioning your art for this lucrative market.
  • A Strategic Plan, including Mission, Vision, Goals and Objectives.
  • A Professional appearing, quick loading, easy-to-navigate web site.
  • A well-crafted introductory email.
  • An Artists Brand.
  • Reliable web hosting reflecting your brand.
  • An Unique Selling Proposition (tied to your brand).
  • A thorough understanding of copyright ownership in terms of licensee requirements…

 

WHO

  • you need to know who to contact…

 

WHEN

  • you need to know when to submit art, which means understanding the client’s design-to-sales cycle…

 

HOW

  • you need to know how to present the art for review…
  • you need to know how to sell yourself and your art in order to gain a license…
  • you need to know how to determine if a license is a “good license”…
  • …which means you need to know how to read a license agreement (contract); or be prepared to pay an Intellectual Property (IP) attorney or other appropriate business management professional to do it for you.
 

OR – We can do it for you!

Please take some time to explore these pages to learn more about our Rights Managed licensing services for artists.

 

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Read the Agreement and, if you agree, check the checkbox at the end and then type-in the CAPTCHA data and click on "Send".

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LICENSE GRANT - SINGLE USE of ONE IMAGE

Your Agreement to All Terms & Conditions Herein Is Required In Order to Use the Image.

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND ARTVISIONS ("LICENSOR"). YOUR ACCEPTANCE OF THESE LICENSE TERMS AND CONDITIONS IS REQUIRED IN ORDER TO USE THE IMAGE. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THIS WEB SITE, AND IS APPLICABLE TO ANY AND ALL USE OF THE LICENSED IMAGE.
BY CHECKING THE BOX AT THE BOTTOM OF THIS PAGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE IMAGE USAGE SPECIFICATIONS SET FORTH ON THE WEB SITE CONFIRMATION PAGE. THIS AGREEMENT BECOMES EFFECTIVE ONLY IF YOU CHECK THE BOX AND AFTER RECEIPT AND CREDIT OF YOUR PAYMENT FOR THE IMAGE TO ARTVISIONS’ ACCOUNT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE BOX AND YOU CANNOT LICENSE THE IMAGE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER, ANY SUBCONTRACTORS OF YOUR EMPLOYER, AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.

1. Definitions.
§ “Artist” means creator and copyright owner of “Artwork” or “Image”.
§ “Image” (or “Artwork”) means paintings, photographs, designs or other images created by artist and protected by United States and international laws governing copyright and intellectual property, and provided to Licensee as a single digital file.
§ “Copyright” means intellectual property rights of Artist in Artwork. Artist is Copyright Owner.
§ “License Grant” means authorization to use specified Image only for such products, fees, term and territory as set forth in the ORDER SUMMARY.
§ “ORDER SUMMARY” means the ArtVisions web page summarizing the Licensed Product, Image ID, Term, and Fee for Use of the Image.
§ “Licensed Use” or “Use”, means only such use as authorized in this License Grant. Such Use includes any form of copying or publication of the whole or a part of any Images by any means as specified by the License Grant.
§ “Licensed Product” means only such product(s) as authorized for Licensed Use in the License Grant.
§ “Licensor” means ArtVisions acting on behalf of Artist in all matters except Copyright ownership.
§ “Licensee” means the party who desires to Use the Image according to the terms set forth herein. Licensee may only use a single copy of the Image on a single computer.

2. License Grants and Restrictions.
Subject to all the terms of this Agreement, ArtVisions grants to Licensee a non-exclusive, non-transferable, fee bearing copyright license, solely as described herein, for a single use of the Image as specified in the ORDER SUMMARY. Any other use is a breach of this License.
2.1. Copyright information must appear with the image in print, digital media, on websites or any other use.
Image ©2012 by Artist | licensed by ArtVisions™
2.2. No copyright information shall be removed from any digital file. The foregoing credit line must appear in a form that is reasonably readable by a person with normal uncorrected vision, and must be placed adjacent to the licensed Image when in use.
2.3. Unless otherwise agreed in writing, if any Image Used by Licensee for any purposes other than promotional purpose omits the credit line specified above, or any other credit line specified by Licensor, then an additional feeequal to fifty percent (50%) of the original amount invoiced shall be payable by Licensee at Licensor's discretion. The foregoing fee ia not a penalty, but rather “liquidated damages”, and as such shall be in addition to, and not in lieu of, any other rights or remedies that Licensor may have at law or in equity.

3. Fees and Payment
3.1. Licensee agrees to pay ArtVisions a nonrefundable fee as set forth herein for Licensed Use without offset or deduction of any kind, including no offset for any fees as may be imposed by a payment gateway such as PayPal. No costs incurred in the Licensed Use of the Image shall be deducted from any fees due ArtVisions.
3.2. On the receipt and credit of payment in the specified amount to ArtVisions account, ArtVisions will electronically deliver a digital file of the Image for use by Licensee.
3.3. Licensee acknowledges that it will pay all sales, use, excise, gross receipts or other taxes levied or imposed on its Licensed Use of the Image licensed to Licensee under the Agreement or on the ownership or any other use thereof by the Licensee; provided, however, in no event will Licensee be obligated for income taxes of ArtVisions imposed by any federal, state, municipality or other taxing jurisdiction.

4. Licensor’s Representations and Retention of Rights
4.1. ArtVisions warrants that it has the right to grant to the licensee all of the rights conveyed in this Agreement.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, ArtVisions DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES OR PRODUCTS DELIVERED HEREUNDER AND HEREBY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE
4.2. The licensee shall have no right, license or permission except as herein expressly granted. All rights not specifically transferred by this Agreement are reserved to ArtVisions.
4.3. Nothing in this Agreement shall be construed to prevent ArtVisions from granting other licenses for the use of the Image or from utilizing the Image in any manner whatsoever.
4.4. Licensee’s use of the Image and Trademarks shall inure to the benefit of ArtVisions. If Licensee acquires any trade rights, trademarks, equities, titles or other rights in and to the Designs or in the Trademark, by operation of law, usage or otherwise during the term of this Agreement or any extension thereof, Licensee shall forthwith assign and transfer same to ArtVisions without any consideration other than the consideration of this Agreement.

5. Licensee’s Representations
Licensee warrants and represents that during the term of this Agreement and for any time thereafter, it, or any of its affiliated, associated, or subsidiary companies, will not copy, imitate, or authorize the imitation or copying of the Image, Artwork, Trade names and Trademarks, or any distinctive feature of the foregoing or any other Artwork submitted to Licensee by ArtVisions. Without prejudice to any other remedies ArtVisions may have, fees as provided herein shall accrue and be paid by licensee on all items embodying and incorporating imitated or copied Artwork.
Licensee further agrees warrants and represents that if Licensee or others in behalf of Licensee alters or makes any distortion or manipulation of the whole or a part of the Image (for example, by computer, electronically, digitally by an artist or by any other means) for Use hereunder, even though the resulting Image may not appear to a reasonable person to be derived from the original Image, then Copyright and additional compensation for any such derived image shall accrue to ArtVisions and the copyright owner of the Licensed Image.

6. Termination and Sell-Off
6.1. Agreement terminates automatically twelve (12) months from effective date as set-forth in the ORDER SUMMARY Term.
6.2. ArtVisions shall have the right to terminate this Agreement by written notice, and the rights granted to Licensee shall revert forthwith to ArtVisions if Licensee fails to comply with or fulfill any of the terms or conditions of this agreement. In the event of termination, all payments theretofore made to ArtVisions shall belong to ArtVisions without prejudice to any other remedies ArtVisions may have.
6.3. Licensee will be allowed three (3) months to sell-off excess stock. Any sales after end of sell-off period will require an additional license fee in the amount of $100 USD per three (3) month extension period.

7. Limitation of Liability
ArtVisions will not be liable to Licensee or to any third party for incidental damages, consequential damages, lost profits, punitive damages, or the like under any circumstances, even if ArtVisions has been advised of the possibility of such damages or losses. In no event will ArtVisions’ liability exceed thirty percent (30%) of the amount of the fees paid by Licensee for Licensed Image under the applicable Schedule. ArtVisions shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Image or in any way from its Use. Resolution of any issues with respect to Image Copyright shall be between Licensee and Copyright Owner.

8. Miscellaneous Provisions
8.1. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
8.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to the conflicts of laws provisions thereof.
8.3. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed by both parties.
8.4. The failure of either party to insist, in any or more instances, upon performance of the terms, covenants, or conditions of the Agreement, or to exercise any rights hereunder, will not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the other party with respect to such future performance will continue in force and effect.
8.5. The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
8.6. This Agreement does not create any agency or partnership relationship. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract.
8.7. Whatever claim ArtVisions may have against Licensee hereunder for monies or for damages shall become a first lien upon all the items produced under this Agreement in the possession or under the control of licensee upon expiration or termination of this Agreement.
8.8. This Agreement is not assignable by Licensee.
8.9. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
8.10. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and will supersede all previous proposals, both oral and written, negotiations, representations, commitments, writings, agreements and all other communications between the parties. It may not be released, discharged, changed, or modified except by an instrument in writing signed by a duly authorized representative of each party.
8.11. Neither party shall be liable to the other for any delay or failure to perform its obligation hereunder, which is due to causes beyond the control of such party, including, but not limited to, acts of God, acts of the public enemy, acts of any governmental authority in its sovereign capacity, fires, floods, hurricanes, earthquakes, epidemics, quarantine restrictions, strikes or other labor disputes and freight embargoes; provided, however, that failure to make any payments provided for herein shall not be excused for any of the foregoing reasons.

Entire Contract

 I, LICENSEE, ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. I FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THIS AGREEMENT BETWEEN LICENSEE AND LICENSOR, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED ON LICENSOR 'S WEBSITE ARE FOR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.

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