Agmt 2016 Athen B Gallery CSA - Laserfiche WebLink

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7.7 Edition of One and Artists' Rights to Create Similar Works. Unless otherwise agreed to in writing by City, Artists warrant that the Artworks are editions of one, and that neither Artists nor Artists' agents will execute or authorize another to execute another work of the exact same image(s) or design(s) comprising the Artworks. This warranty shall continue in effect for a period coextensive with the term of copyright protection for the Artworks under U.S. law, and shall be binding on Artists and Artists' heirs and assigns. City recognizes and acknowledges that the Artworks may be one of several artworks created by Artist embodying unique artistic characteristics and expression comprising Artists' personal and distinctive styles and agrees that, notwithstanding anything herein to the contrary and subject to the warranty provided herein, Artists shall have the nontransferable, perpetual right and license to create new artworks that may be considered "substantially similar" to or "derivative works" of the Artworks, as those terms are defined under the Copyright Act (17 U.S.C. §101 et seq.). 7.8 Waiver of Artist's Rights under Applicable Artist's Rights Laws Notwithstanding the above, the City understands Artists, and Artists' associate artists, contractors and subcontractors, may possess certain rights with respect to the Artworks created under this Agreement, as provided in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § §987 et seq), and any other applicable state, federal or local laws that exist now or in the future ("Artist's Rights Laws"). The City does not assume the legal obligations and potential liabilities arising under the Artist's Rights Laws, and as a condition of its payment for the Artworks, the City requires that by the execution of this Agreement, Artists and any subsequent contractors and subcontractors waive their rights under the Artist's Rights Laws. The waivers provided herein shall survive termination of this Agreement. 7.9 Ownership of Artworks. Upon delivery of Artworks, City shall own the Artworks and shall grant to Artists the royalty -free right and license to publicly display any reproductions or depictions of the Artworks, or use the Artworks and any reproductions or depictions thereof in any legally permissible way. 7.9.1 Reproductions of Artworks. Contractor, City and Property Owners shall each have the non-exclusive, perpetual, and royalty -free right to make reproductions of the Artworks in whole or in.part, and to distribute and publicly display such reproductions in print, via the Internet, or through any other means now existing or hereinafter invented, solely for the purpose of promoting their respective organizations, and to use the Artist's name and biographical information in connection with all such uses. 7.9.2 Commercial Use. Neither party shall reproduce or distribute copies of the Artworks for sale without the prior written consent of the other parties, which shall not be unreasonably withheld. 7.9.3 Recording of Easement. It is understood by the Parties that neither the City, Artist, nor Contractor shall record or require the recording of any instrument granting any Consulting Services Agreement between September 12, 2016 City of San Leandro and Athen B Gallery Page 11 of 18