ARTWORK LICENSE (CONTROL/REPS)

Updated: Nov. 1, 2025

1. What is it?

An Artwork License Agreement allows a film production or distribution company (the “Licensee”) to legally use a specific piece of artwork (such as key art, poster design, or DVD box art) owned by an artist or creator (the “Licensor”) in connection with a film. This form is for when a party confirms it has control over the asset being licensed.

This agreement defines how the artwork can be used—typically for marketing and packaging like DVD covers or digital thumbnails—and ensures that both the ownership rights and creative control of the original artist are respected. It outlines the scope, limitations, and legal responsibilities surrounding the use of the artwork.

2. Who is it for?

This agreement is used by anyone involved in creating or distributing a film or visual media project where branded artwork is needed for promotion, packaging, or advertising. It helps clarify the rights and expectations for both creators and content users.

It is for:

·       Independent filmmakers

·       Film distributors

·       Film marketing teams

·       Graphic artists providing artwork for film packaging

·       Legal counsel handling film clearances

3. What does it include?

The agreement includes the scope of the license, use restrictions, rights retained by the original creator, and responsibilities of the Licensee. It also outlines liability, indemnification, and how changes to the agreement can be made. A strong focus is placed on maintaining the Licensor’s copyright while allowing the Licensee to use the artwork for promotional purposes tied to the film.

Key Terms & Paragraphs:

·       Permitted Usage of Artwork: Defines what the Licensee is allowed to do—non-exclusive use for specified purposes (e.g., DVD box art, poster use, or promotional materials), in a defined territory and time period. Restrictions include no editing or modification beyond translations and placement of a distributor’s logo.

·       Ownership and Copyright Protection: LICENSOR retains all rights to the artwork. The Licensee's usage does not grant ownership or any merger rights. Copyright notices must remain intact.

·       Representations and Warranties: LICENSOR makes no guarantees beyond granting use. The Licensee is responsible for securing any necessary third-party rights, clearances, or re-use fees (e.g., for actors, guilds, etc.).

·       Indemnification: The Licensee must protect the Licensor from any legal claims or financial damages caused by improper or unauthorized use of the artwork.

·       Assignment: The Licensee cannot transfer or assign the rights granted under the agreement to another party without permission.

·       Notice: Specifies how official communication must be made—via mail, hand delivery, or fax—and which addresses apply.

·       Miscellaneous: States that this agreement overrides all previous communications or negotiations. Any amendment must be in writing and signed by both parties. The governing law is usually mentioned.

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