AGWA Foundation COVID-19 Stimulus Package Living Artist Archive Project Copyright agreement

The parties agree as follows

The Licensor (Artist)

1. The Licensor grants the Gallery for any Permitted Purpose a non-exclusive royalty free licence for the Territory and the Term to:
   1. Reproduce the Work/s by any means, including the right to make a digital copy.
   2. communicate the Work to the public by any means, including but not limited to making it available on-line or electronically transmitting the Work.

2. The Licensor warrants that:
   1. he/she is the owner of copyright in the Work or is authorised to enter into this Deed for or on behalf of the copyright owner/s.
   2. he/she has full power and authority to enter into this Deed and has granted no rights inconsistent with it;
   3. the Work is original and does not infringe the copyright of any third party;
   4. The Gallery will not be required to make any payments of any nature for or in connection with the acquisition, exercise, or exploitation of rights in the Work granted to it under the terms of this Deed

3. The Licensor indemnifies the Gallery in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment for or in relation to:
   1. a breach by the Licensor of a representation or warranty or obligation under this Deed;
   2. the infringement of a third party’s copyright as a result of reliance upon the rights granted to the Gallery under this Deed.

The Gallery

4. Unless it is unreasonable in the circumstances to do so, the Gallery agrees to include in all versions of the Work / Material  reproduced, communicated or made available to the public for any Permitted Purpose, an appropriate credit of the artist and or copyright holder/s.

5. The Gallery will use its reasonable endeavours to deal appropriately with the Work /Material and will not alter, crop or distort the Work/ Material.

General

6. The Artist/s retains copyright for any images, material or works submitted for the Living Artist Archive Project and nothing in these terms and conditions shall transfer, assign or alter these rights.

7. The terms of this Licence are in addition to any right of the Gallery under the provisions of the Copyright Act, 1968 (Cth) from time to time authorising it to reproduce or communicate the Work, including but not limited to maintaining or operating the collection and fair dealing.

Definitions

Territory:
means the World.

Term:
means for the life of copyright.

Work:
means any artistic / literary / sound work or material of the artist or copyright holder for inclusion in the Living Artist Archive Project.

Permitted purpose:
Curatorial, administrative and promotional (non-commercial) purposes directly related to inclusion in Living Artist Archive Project.
Research and Study for the purposes of:

1. The Gallery and its staff; and
2. Students, researchers, teachers and the general public and includes any reproduction or communication of the Work / Material in or in relation to study and research.