Artwork Use Agreement
The OWNER OF COPYRIGHT in a protected work hereby grants to the REQUESTING PARTY /hereafter called “the USER”/ permission to make use of the copyrighted artwork titled /hereafter called “the Work”/, in compliance with the terms and conditions of this Agreement.

1. Definitions

a. „artwork” shall be a work of the fine arts, applied arts, arts and crafts, photographic work, protected by Copyright no matter what its form or way of expression might be. The transferring of photography of an artwork in an electronic /digital/ form on a digital carrier shall be regarded as a form and way of expression of the artwork.
b. „author” shall be the physical person who has created the artwork.
c. „owner of copyright” shall be the physical or juridical person, who grants the permission to make use of the copyrighted work, in compliance with the terms and conditions of this Agreement. The Author of the Work shall also be owner of copyright.
d. „user” shall be the juridical person, who gains rights to make use of the Work, consistent with the terms and conditions of this Agreement.

2. Granting of permission to make use of the Work
In compliance with the terms and conditions of this Agreement the Owner of copyright grants to the User the nonexclusive rights for making use of the Work in the whole world, described as follows:
a
.right of reproduction;
b. right of distribution of the Work and copies of the Work;
c. right of public performance;
d. right of broadcasting and communication to the public of the original and copies of the Work;
e. right of making the Work/copies of the Work available to the public on-demand, from a place and a time individually chosen by the individual member of the public, for an unlimited number of times.
f. right of importing and exporting the Work and copies of the Work.

3. Rights and obligations of the contracting parties
3.1 Rights and obligations of the Owner of copyright
a
.The Owner of copyright in the protected Work shall have the right to have his/her authorship recognized (considering he/she is the Author of the Work) and his/her name mentioned whenever and no matter how the Work is used.
b. The Owner of copyright in the protected Work shall have the right to demand of keeping the integrity of the Work and the right to object to the Work being modified without his/her consent;
c. The Owner of copyright in the protected Work shall be obliged to notify the User about any change in the Work, made by him, within 7 days, as of the day of making the change.
d. The Owner of copyright in the protected Work shall be obliged to notify the User about any transaction of the Work made by him (e.g. sale, giving away, exchange, donation and any other action that may prevent the User from exercising the rights, granted to him by this Agreement) within 3 days, as from the day of making the transaction.
e.The Owner of the copyright in the protected Work shall be obliged to guarantee to the User untroubled making use of the Work in to guarantee that he/she has not performed any actions, preventing the full exercising of the rights granted to the User under this Agreement;
o guarantee that he/she has become the Owner of the copyright in a lawful manner.
f.The Owner of the copyright in a protected Work shall have the right of recompense for the distribution and realization of the Work or each distributed copy of the Work. The amount of the recompense shall be determined according to Paragraph 4 of this Agreement.
3.2 Rights and obligations of the User
a
. The User shall have the right to exercise all the rights, granted to him under this Agreement and make use of the Work untroubled in his actions in consistence with the Agreement.
b. The User shall have the right to request from the Owner of copyright to place the Work/or its copies at his disposal for exercising the rights, granted to him under this Agreement.
c. The User shall have the right of recompense for performing the acts of distribution and realization of the Work or each copy of the Work. The amount of the recompense shall be determined according to Paragraph 4 of this Agreement.
d. The User shall not have the right to make any changes in the Work without the consent of the Owner of the copyright in the protected Work.
e. The User shall be obliged to notify the Owner of the right about each sale of the Work/copy of the Work within 5 days, as of the day, following the day of the sale.
f. The User shall be obliged to put the name of the Owner of the copyright on the Work/copy of the Work. In case the Owner of the copyright is a person different from the Author of the Work, the User shall be obliged to put also the Author’s name on the Work/copy of the Work.

4. Recompense
The Owner of copyright grants to the User the rights herein described, for a consideration. The recompense of the Owner of the copyright in a protected Work shall be determined as a part of the proceeds, received by the User from the distribution of the Work/each copy of the Work. The price of the Work/each copy of the Work shall be negotiated between the User and the Owner of the copyright.
The proceeds shall be apportioned out among the contracting parties as follows:
70% of the proceeds, received for each sale of the Work/copy of the Work shall be transferred to the Owner of the copyright;
30% of the proceeds, received for each sale of the Work/copy of the Work shall be transferred to the User.The recompense due to the Owner of the copyright in consistence with this Agreement shall be transferred to him/her in 5 days, as of the day, following the day, in which the User receives the money transfer from the buyer of the Work.

5. Term of the Agreement

The term of the Agreement shall be 10 years, as of the day of signing. If neither the Owner of copyright in the protected Work nor the User explicitly object to the continuation of the Agreement in writing, the Agreement shall be considered continued for another term of 10 years. Thus if there are no written objections from any of the contracting parties, the Agreement shall be considered automatically continued for periods of 10 years and so it will be till the duration of the copyright in the protected Work expires.

6. Limitation of liability

In no event shall the User be liable for any damages, including but not limited to lost profits, work stoppage, lost data or any other direct or indirect damages of any kind, resulting from the unauthorized use of the Work in the Internet.

7. Termination of the Agreement
a
. This Agreement, along with the rights granted by the power of it, shall be automatically terminated in case of violation of any of the conditions of the Agreement from the Owner of the copyright or the User. In case of violation of the conditions of this Agreement the contracting party responsible for the violation shall be obliged to indemnify the affected party. The indemnity shall be for the amount of the proceeds that might be received from the realization of 10 Works/copies of the Work.
b. Considering the Agreement is not terminated according to the previous Paragraph/7a/ it shall be terminated according to Paragraph 5.
c. This Agreement might also be terminated from any of the contracting parties with a notification in writing, containing the conditions of termination of the Agreement and also the time limit of termination. The time limit of termination shall not be less than 3 months.

8. Applicable legislation

The laws of the Republic of Bulgaria shall govern the validity, construction and enforceability of this Agreement. The laws of the Republic of Bulgaria shall govern all the matters that are not included in this Agreement.
ll suits, actions, claims, and causes of actions, relating to the construction, validity, performance and enforcement of this Agreement shall be in the competent state courts of the Republic of Bulgaria.

9. Additional provisions
a. In making use of the protected Work and exercising the rights, granted to the User in this Agreement, he enters into an agreement with all third parties, to which the Work will be distributed, so that they can use the Work only for the purpose of satisfying their personal needs. These parties shall not have the right to use the Work for the purpose of realizing profits or the right to grant permissions to other persons to make use of the Work.
b. The User has the right to utilize any technological measures in order to control the access to the Work or the use of the Work, if he considers it necessary.
c. This Agreement shall be signed in duplicate, one for each of the contracting parties.
...................................................................................................................................................................
Literary work Use Agreement
The OWNER OF COPYRIGHT in a protected literary work hereby grants to the REQUESTING PARTY /hereafter called “the USER”/ permission to make use of the copyrighted literary work entitled /hereafter called “the Work”/, in compliance with the terms and conditions of this Agreement.

1.
Definitions
a. „literary work” shall be a work, expressed in words, protected by Copyright. A literary work shall be considered any work of fiction, scientific and technical literature, and journalism. It can be expressed in any way and any form /not limited to expressing the work in writing on a paper medium/, including the storage of the protected work in digital form in an electronic medium.
b. „author” shall be the physical person who has created the literary work.
c. „owner of copyright” shall be the physical or juridical person, who grants the permission to make use of the copyrighted work, in compliance with the terms and conditions of this Agreement. The Author of the Work shall also be owner of copyright.
d. „user” shall be the juridical person, who gains rights to make use of the Work, in compliance with the terms and conditions of this Agreement.
e. „sale of the Work or copies of the work” shall not be limited to transferring a paper copy of the Work to the buyer for recompense, but it shall also include the transferring of a copy of the Work in a digital form to the buyer on-demand for recompense.


2.Granting of permission to make use of the Work
Consistent with the terms and conditions of this Agreement the Owner of copyright grants to the User the nonexclusive rights for making use of the Work in the whole world, described as follows:
a. right of reproduction;
b. right of distribution of the Work and copies of the Work;
c. right of translation of the work;
d. right of public performance;
e. right of broadcasting and communication to the public of the original and copies of the Work;
f. right of making the Work/copies of the Work available to the public on-demand, from a place and a time individually chosen by the individual member of the public, for an unlimited number of times.
g. right of importing and exporting the Work and copies of the Work;

3. Rights and obligations of the contracting parties

3.1 Rights and obligations of the Owner of copyright

a. The Owner of copyright in the protected Work shall have the right to have his/her authorship recognized (considering he/she is the Author of the Work) and his/her name mentioned whenever and no matter how the Work is used.
b. The Owner of copyright in the protected Work shall have the right to demand of keeping the integrity of the Work and the right to object to the Work being modified without his/her consent;
c. The Owner of copyright in the protected Work shall be obliged to notify the User about any change in the Work, made by him, within 7 days, as of the day of making the change.
d. The Owner of the copyright in the protected Work shall be obliged to guarantee to the User untroubled making use of the Work in consistence with this Agreement, and in particular:
considering that the Owner of copyright is the Author of the Work, to guarantee that he/she has not included in his/her Work any elements that might infringe copyright of third parties;
to guarantee that he/she has not performed any actions, preventing the full exercising of the rights granted to the User under this Agreement;
to guarantee that he/she has not performed any actions, preventing the full exercising of the rights granted to the User under this Agreement;
e. The Owner of the copyright in a protected Work shall have the right of recompense for the distribution and realization of the Work or each distributed copy of the Work. The amount of the recompense shall be determined according to Paragraph 4 of this Agreement.
3.2 Rights and obligations of the User
a. The User shall have the right to exercise all the rights, granted to him under this Agreement and make use of the Work untroubled in his actions in compliance with the Agreement.
b. The User shall have the right to request from the Owner of copyright to place the Work/or its copies at his disposal for exercising the rights, granted to him under this Agreement.
c. The User shall have the right of recompense for performing the acts of distribution and realization of the Work or each copy of the Work. The amount of the recompense shall be determined according to Paragraph 4 of this Agreement.
d. The User shall not have the right to make any changes without the consent of the Owner of the copyright in the protected Work.
e. The User shall be obliged to notify the Owner of the right about each sale of the Work/copy of the Work within 5 days, as of the day, following the day of the sale.
f. The User shall be obliged to put the name of the Owner of the copyright on the Work/copy of the Work. In case the Owner of the copyright is a person different from the Author of the Work, the User shall be obliged to put also the Author’s name on the Work/copy of the Work.

4. Recompense
The Owner of copyright grants to the User the rights herein described, for a consideration. The recompense of the Owner of the copyright in a protected Work shall be determined as a part of the proceeds, received by the User from the distribution of the Work/each copy of the Work. The price of the Work/each copy of the Work shall be negotiated between the User and the Owner of the copyright.
The proceeds shall be apportioned out among the contracting parties as follows:
50% of the proceeds, received for each sale of the Work/copy of the Work shall be transferred to the Owner of the copyright;
50% of the proceeds, received for each sale of the Work/copy of the Work shall be transferred to the User.

The recompense due to the Owner of the copyright in consistence with this Agreement shall be transferred to him/her in 5 days, as of the day, following the day, in which the User receives the money transfer from the buyer of the Work.

5. Term of the Agreement
The term of the Agreement shall be 10 years, as of the day of signing. If neither the Owner of copyright in the protected Work nor the User explicitly object to the continuation of the Agreement in writing, the Agreement shall be considered continued for another term of 10 years. Thus if there are no written objections from any of the contracting parties, the Agreement shall be considered automatically continued for periods of 10 years and so it will be till the duration of the copyright in the protected Work expires.

6. Limitation of liability
In no event shall the User be liable for any damages, including but not limited to lost profits, work stoppage, lost data or any other direct or indirect damages of any kind, resulting from the unauthorized use of the Work over the Internet.

7. Termination of the Agreement
a. This Agreement, along with the rights granted by the power of it, shall be automatically terminated in case of violation of any of the conditions of the Agreement from the Owner of the copyright or the User. In case of violation of the conditions of this Agreement the contracting party responsible for the violation shall be obliged to indemnify the affected party. The indemnity shall be for the amount of the proceeds that might be received from the realization of 100 Works/copies of the Work.
b. Considering the Agreement is not terminated according to the previous Paragraph/7a/ it shall be terminated according to Paragraph 5.
c. This Agreement might also be terminated from any of the contracting parties with a notification in writing, containing the conditions of termination of the Agreement and also the time limit of termination. The time limit of termination shall not be less than 3 months.

8. Applicable legislation
The laws of the Republic of Bulgaria shall govern the validity, construction and enforceability of this Agreement. The laws of the Republic of Bulgaria shall govern all the matters that are not included in this Agreement.
All suits, actions, claims, and causes of actions, relating to the construction, validity, performance and enforcement of this Agreement shall be in the competent state courts of the Republic of Bulgaria.

9. Additional provisions
a. In making use of the protected Work and exercising the rights, granted to the User in this Agreement, he enters into an agreement with all third parties, to which the Work will be distributed, so that they can use the Work only for the purpose of satisfying their personal needs. These parties shall not have the right to use the Work for the purpose of realizing profits or the right to grant permissions to other persons to make use of the Work.
b. The User has the right to utilize any technological measures in order to control the access to the Work or the use of the Work, if he considers it necessary.
c. This Agreement shall be signed in duplicate, one for each of the contracting parties.


© 2005 Zinev Art Technologies. All Rights Reserved.