This is a contract through which an artist grants an organization or person the merchandising rights to an image or artwork belonging to the artist for use in specified types of merchandise. The one we use can be found at: http://www.whitewaterarts.org/PDFs/Licensing_Ag....
This Agreement is entered into on Date, between Grantee Name, hereinafter referred to as the "Grantee", located at Grantee Address, and Artist Name, hereinafter referred to as the "Artist", located at Artist Address.
Whereas, the Artist hereby represents that he/she has created an image or object that is his/her own original work of art or craft and it is not made from copyrighted material or patterns, and can provide said image in a high-resolution digital format, and said image is titled and is described as:
Title: Image Title
Description: Image Description
If you have more than 1 image/object, you should add titles and descriptions for each additional image/object.
Whereas, the Grantee wishes to use the above described work in the creation of book covers and promotional items for that book, any of which may be offered for sale by the Grantee;
Whereas, the Grantee and the Artist want to achieve the best possible quality reproduction(s) of the image to create future sales of said image;
Now therefore, in consideration of the mutual promises set forth below, as well as other valuable consideration, the parties agree as follows:
1) The Artist grants to the Grantee the exclusive right to use or reproduce the image for the following types of merchandise: book covers (both digital and print) and promotional items, such as but not limited to social media graphics, bookmarks, flyers, postcards, and banners.
2) This grant permits the Grantee the exclusive right to manufacture, distribute, and sell the merchandise. Further, the artist grants to the Grantee the right to reproduce the image on the Grantee's website and all other Grantee promotional materials.
3) During the term of the contract, the Artist agrees that he/she will not make or sell or distribute forms of the image that is the subject of this contract.
4) The Artist shall retain all copyrights in and to the image. The Grantee shall identify the Artist as the creator of the image on the licensed products and shall reproduce thereon, a copyright notice for the Artist which shall include the word "Copyright" or the symbol for copyright "©", the Artist's name, and the date and year of the first publication.
5) The artist understands that all profits from the sale of the Artist's merchandise will benefit the Grantee.
6) This agreement shall be construed in accordance with the laws of the State of California, except for copyright law, which shall be interpreted in accordance with national and international copyright law.
7) This agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended or changed in any way except upon a written agreement signed by both parties.