Internet Lectures Research:
Broadening the Audience for Live Slide Show Presentations
P.S.1 Contemporary Art Center, an affiliate of the Museum of Modern Art, operates WPS1, a Web-based radio station devoted to the arts. On December 8, 2004 Brett Littman, Deputy Director, P.S.1 Contemporary Art Center shared with TFAO the model form license agreement created by P.S.I for use with artists, so that museums may reference it for creating their own releases for lectures and other audio projects.
LICENSE AGREEMENT AND INTERNET BROADCAST AUTHORIZATION
Whereas P.S.1 is a nonprofit visual art organization that broadcasts prerecorded music, unreleased music, live performances, talk shows and/or audio art via the internet as an outreach venture to stimulate audience interest, generate publicity and for educational purposes; and
Whereas the Artist is a performer that wishes to grant P.S.1 a license to the Performances:
1. Parties: This is an agreement between the P.S.1 Contemporary Art Center ("P.S.1") located at 22-25 Jackson Avenue, Long Island City, New York 11101, and the artist listed below ("Artist").
2. Grant of License: For the good and valuable consideration of having the Performances broadcast, the Artist hereby grants P.S.1, including its affiliates, successors and/or assigns, a worldwide, non-exclusive, royalty-free right and license to record, to create derivative works, to modify and copy in any media, to store on its Web server and to publicly perform by means of Web Site Transmissions the Performances (the "License").
3. Term of License: The License begins on the date written below (the "Effective Date"), ends on December 31 of the same calendar year and continues after that for additional one year terms unless either party terminates this agreement by giving the other party notice at least 30 days prior to the end of a calendar year.
4. Royalty Fees: For the mutual consideration provided herein, both the Artist and P.S.1 hereby acknowledge and agree that any and all royalty fees, licensing fees or other fees (collectively, the "Fees"), regardless of origin, that are paid in connection with the Performances or any right to syndicate the Performances will be divided between the Artist and P.S.1. with Artist being entitled to [30%] of the Fees and P.S.1. being entitled to the remaining [70%] of the Fees.
5. Publicity: P.S.1 has no obligation to broadcast or otherwise promote the Performances. But if the Performances are broadcast, the Artist agrees that P.S.1 may use his or her name and any biographical material concerning him or her or the Performances in any and all media and in the promotion, advertising, and publicizing of P.S.1's internet radio station.
6. Breach or Default: The Artist may terminate the License by giving P.S.1 30 days notice to cure any material breach of this agreement, provided that P.S.1 will have 30 days to cure such breach.
7. Warranties and Representations: The Artist warrants and represents that he or she owns the original works used in his or her performances or has obtained the requisite permission from the owner(s) and is authorized to give P.S.1 the rights granted in this agreement. The Artist will indemnify P.S.1 from any copyright or privacy claim made against it with respect to the Performances licensed under this agreement.
8. Waivers: The Artist hereby waives any and all other rights to the extent inconsistent with the grants and approvals in the License.
9. Notices: The parties may provide any notice required by this agreement by sending the notice to the other party's last known address by United States mail or by generally recognized same-day or overnight delivery service. Each party agrees to inform the other in writing of any change of address.
10. Governing Law: This agreement will be governed by and construed in accordance with the laws of the state of New York.
11. Entire Agreement: This agreement constitutes the entire agreement between Artist and P.S.1 and may only be modified, and any rights under this agreement may only be waived, by a written document executed by both the Artist and P.S.1.
(a) "Web Site" is the internet site on the world wide web generally known as WPS1 with the current domain name of http://www.wps1.org.
(b) "Web Site Transmissions" are all transmissions, displays and performances of content to Web Site Users from or through the Web Site, or from any other web site pursuant to an agreement between P.S.1 and the operator of such other web site.
(c) "Web Site Users" are all those who access Web Site Transmissions.
(d) "Performances" consists of the separate musical compositions, copyrighted musical compositions, sound recordings and/or compilations provided to P.S.1 or created for P.S.1 in connection with broadcasts on the Web Site, as well as those derivative works utilizing the same or similar names, content, characters or themes.
IN WITNESS WHEREOF, this Agreement has been duly executed by P.S.1 and the
Artist this ________ day of __________, 20__.
ARTIST: P.S. 1
Individual or Title* Title
City, State, Zip
* Please write "individual" if signing in your individual
capacity. If signing on behalf of a corporation or partnership, please
identify the corporation or partnership and your title within such enterprise.
The above links, names and addresses are provided only as referrals for your further study and consideration. Please use due diligence in employing referenced consultants or vendors. Traditional Fine Art Organization, Inc. takes no responsibility for the accuracy of the information from the named organizations or firms which may be inaccurate or out of date. Traditional Fine Art Organization, Inc neither recommends or endorses the above referenced organizations.
Copyright 2004 Traditional Fine Arts Organization, Inc., an Arizona nonprofit corporation. All rights reserved.