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LICENSING
- Terms
and Conditions
RIGHT GRANTED
CREATOR RETAINS SECONDARY RIGHTS
MORAL RIGHTS: NO ALTERATION OR MODIFICATION
MORAL RIGHTS: ATTRIBUTION & FAIR DEALING
TERMINATION
COPYRIGHT
NO ASSIGMENT OR SUB-LICENSING
PROPER LAW
DISPUTES
AMENDMENTS
Note. VISCOPY retains the right to change or alter the Terms and
Conditions from time to time without prior notification. These Terms
and Conditions are for standard uses and do not pertain to uses
for film, merchandising, advertising. For further information -
contact the Licensing Department via email: licensing@VISCOPY.com.
Reproduced below is a sample Terms and Conditions for a Print Media
Licence. We also license for reproduction into Film, Digital Copying
and Communication.
 TERMS
AND CONDITIONING: PRINT MEDIA (GENERAL)
RIGHT GRANTED
1. VISCOPY Ltd grants to the Licensee a non-exclusive licence ie.
the right to make reproduction of the artistic works listed in Schedule
One for the purpose of making the Products listed, in the quantities
detailed in the attached letter in the Territories as listed.
2. The Licence does not allow the Licensee to print out, copy,
or otherwise extract the Works listed in Schedule One for commercial
purposes in the normal course of using the Product apart from the
use of the Product.
The Licensee shall take all necessary measures to impede the commercial
exploitation of the Work other than as anticipated by this agreement.
3. All transparencies or digital files provided by the copyright
owner or their agent must be returned within five working days of
production. The penalty for non-return is $500 per item.
4. Any reproductions such as transparencies or digital files made
in the course of production by the Licensee or its agents such as
advertising agencies, must be delivered to the copyright owner or
their agent within five working days of publication.
CREATOR
RETAINS SECONDARY RIGHTS
5. No 'Secondary Rights' are granted. For example: photocopying,
electronic copying or 'off-air' video taping, communication or cable
retransmission by educational institutions, government or other
users.
MORAL
RIGHTS: NO ALTERATION OR MODIFICATION
Artists’ moral rights are now protected under the Copyright
Act, section IX
VISCOPY also protects our Members’ Moral Rights under the
Licensing Agreement
6. The Licensee will not alter, add to, or take away from the Works
in any way without obtaining VISCOPY Ltd's prior written consent.
The agent on behalf of the copyright owner reserves the right to
approve all proofs prior to production.
MORAL
RIGHTS: ATTRIBUTION
7. The Licensee will reproduce in or on the Product the title of
the Works and the name of the artist along with the Copyright Line
from Schedule One as close as possible to the reproduced image of
the Work and on Products, including all packaging, advertising or
publicity relating to the Products.
8. If the required attribution of Clause 7 is not reproduced on
the Product etc., a 50% surcharge on the invoiced fee will be incurred.
INTERACTION OF FAIR DEALING EXCEPTIONS and MORAL RIGHTS
Please note that it is a requirement of the 'Fair Dealing' provisions
of the Copyright Act 1968 that all reproductions made for 'reporting
the news' and/or 'review and criticism' must carry an attribution.
In this context failure to attribute works is an infringement of
copyright.
TERMINATION
9. If the Licensee fails to pay the invoiced amount for the grant
of the Licence within 7 days from the date appearing on the attached
letter this Licence will automatically terminate.
10. If the Licensee fails to provide the required number of copies
this Licence will automatically terminate.
11. If the Work is removed from the Product without the consent
of VISCOPY Ltd this Licence will automatically terminate.
12. On termination of this licence all rights granted under this
Licence will revert to VISCOPY Ltd.
COPYRIGHT
13. The Artist/Estate or copyright holder retains all copyright
in the Works.
NO
ASSIGMENT OR SUB-LICENSING
14. The Licensee will not sub-license, assign or otherwise alienate
any of the rights granted in this licence except with the express
written consent of VISCOPY Ltd.
PROPER
LAW
15. This licence is subject to the law of New South Wales.
DISPUTES
16. All disputes arising out of this Licence shall be submitted
to mediation in accordance with the rules of the Arts Law Mediation
Service, a program of the Arts Law Centre of Australia, prior to
having recourse to arbitration or litigation.
AMENDMENTS
17. Any amendment to this Licence must be made in writing, signed
by both parties and attached to this Licence.
Please Note: Our minimum invoice fee is $60 plus GST.
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