contract is no longer. Ladies and gentlemen, the power of the Internet.
1. Single Issue License. The article, excerpts or other literary material to be written or created concerning Artist (or Artist and any third parties) (the "Material") are to be published once in the inside of the ______________ [date] issue of _____________________ magazine (the "Publication").
2. Artist Approvals. All Material which Journalist intends to use first must be submitted to Company and Artist for approval. The print, negative, or other material embodying disapproved Material will be promptly destroyed by the Journalist. This license will automatically expire without further notice if the article containing the approved Material is not published by the issue date above.
3. Additional Licenses. Journalist will not make any further license or use of the Material for any other use whatsoever, including, without limitation, retrospective or additional use by the Publication, advertising, promotional, publicity, commercial tie-in, merchandising, or other use and may not sell, assign, auction, transfer, give away or otherwise dispose of the Material without first obtaining the written consent of Company or Artist (or Artist’s representatives) in each instance. [Artist and Company pre-approve the reproduction or display of a cover of the Publication bearing an Artist approved Photo in connection with the normal and customary consumer subscription marketing activities of the Publication (e.g., pre-addressed postage paid subscription order cards inserted in copies of the Publication), provided such use does not occur more than 12 months from the initial publication date of the Publication bearing the Material.]
4. Portfolio Use. Journalist may use approved Material for non-commercial, non-publication purposes to promote Journalist’s work to persons other than the general public, including promotional cards and portfolios, provided the Material are not displayed or transferred over the Internet.
5. Copyright. Copyright in the Material will be retained by Journalist, subject to the restrictions and Artist’s approval rights in this Agreement. Journalist agrees that no publication, distribution, reproduction, display, or other right under copyright will be exploited by Journalist other than in strict conformity with this Agreement. Journalist grants Company and Artist a perpetual, royalty-free license, without restriction, to use the Material in connection with any of Artist’s activities, including, without limitation, in connection with any commercial or non-commercial enterprise involving Artist. Journalist shall deliver Material to Company and/or Artist in print form and by transmittal of a Microsoft Word file. At Artist’s request, Journalist will assign its enforcement rights to Artist and/or Company so that Artist and/or Company may enjoin or otherwise remedy a third parties’ violation of the terms, conditions, and restrictions of this Agreement.
6. Third Party Clearances. Journalist will be solely responsible for any and all other individual authorizations, releases, consents, clearances, licenses, and payments as may be necessary with respect to the use of the Material.
7. Reserved Rights. Any use of the Material not expressly licensed to Journalist hereunder is reserved by Artist, and Journalist acknowledges and agrees that Company and Artist reserves all right, title and interest in Artist’s name, voice, likeness, merchandising, commercial tie-in, publicity rights, privacy rights, trademark rights, and other rights under applicable law.
8. Confidentiality. Journalist acknowledges that the privacy of Company and Artist are highly valued and that all efforts are made to maintain confidentiality. Accordingly, Journalist agrees not to disclose to anyone any confidential, personal, or private information about Artist, Artist’s family, or Artist’s personal relationships at any time, or to write or assist in the writing or preparation of articles, news stories, books, or other productions or materials of any nature whatsoever about or referring to Artist.
9. Indemnity. Journalist shall indemnify and hold harmless Company and Artist from any and all damages, costs, and expenses (including legal fees) arising out of or in connection with any unauthorized use of the Material by Journalist, or any party acting under the authority of Journalist, or any breach of Journalist’s warranties, representations, or obligations hereunder.
10. Law. This Agreement shall be governed by and interpreted under the laws of California applicable to agreements made and to be fully performed therein, and where applicable, under U.S. Copyright Law. Journalist consents to the exclusive jurisdiction of the applicable state or Federal court located in Los Angeles County, California. Journalist acknowledges and agree that the damages caused Company and Artist from a violation of this Agreement are irreparable, and that Company and Artist may seek appropriate equitable or injunctive relief to prevent or remedy a violation of the terms hereof, in addition to damages. In any controversy respecting this Agreement, the prevailing party will recover its attorneys fees and costs. The license hereunder shall not become effective and Journalist may not use the Material unless and until a signed copy of this Agreement signed by Journalist is received by Company.
AGREED TO AND ACCEPTED:
JOURNALIST
