3 replies to this topic

[David Medeiros]

I may have a potential customer for a park map I did recently and I need some input on how to structure and word the license agreement.

I envision selling the park the rights to display the map on their website, allowing visitors to view, download and print it at home. They will also be able to print the map themselves and sell it (presumably at the park HQ).

I will retain ownership of the map. The park will not be allowed to sell the map file itself or make any changes to the map file. They have the option to update the map at anytime for an additional smaller license fee.

I need two things:
1) can you think of any other uses that I might include with the rights sale or that I might want to specifically exclude from the agreement?

2) does anybody have a standard agreement they use that I might look at to get an idea of how to word this?

Thanks,
dave

[Jean-Louis]

Hi Dave,

Here below is a section of my standard agreement that I have been using for a long time. Feel free to use any wording you like.

Generally, I always explain to clients that my purpose in selling a license as opposed to selling the artwork outright is not to restrict the clients use of it at all but to protect both of us from 3rd parties.

In other words, if someone downloads your work, produces a cheap copy or cuts and pastes portions of it, you are in a much better position to do something about it if your work is licensed. Much more so than if the client actually owned the artwork and who may not want to bother with the hassle.

Sometimes this needs to be explained so that the client understand this is to protect his investment and not some kind of ploy to ‘hold him by the balls’

In many years of doing this, I have never experienced any problems in this regard. Clients have always been very respectful.




RIGHTS:

1. The designer sells to the client a license that gives the client exclusive and unrestricted rights to use and reproduce the artwork in all paper or electronic media to promote the activities and the name of the… (client’s name)….activities. This license is valid for a period of 3 years.

2. This license cannot be sold, given or transferred to any other party without the written consent of the designer.

3. The client guarantees that no reproduction in part or in whole of the artwork will omit the following:

© 2009 (all rights reserved)…(your name)……

5. Client will provide the designer with samples of all formats that are printed or published.

6. The designer retains the exclusive ownership of all intellectual property rights such as copyrights and trademarks including the right to control the “look and feel” in respect to his artwork. It is understood that this means that there are no restrictions on the ( Client) right to use and distribute the artwork as it wishes except that all changes to the artistic integrity of the map illustration itself must be done by the designer. Updates and modification of the (name of project) document will be available within the licensing period and beyond.

[David Medeiros]

Thanks Jean. I didn't end up needing to do a contract.. they turned me down

Not sure why here's their map next to my map :

[François Goulet]

Thanks Jean. I didn't end up needing to do a contract.. they turned me down

Are the hand written names on their "official" map???