Artist Licenseing
Agreement


    This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date, [March 23 2019] between Erik Christopher Seidenglanz (Artist)  and Christopher Owens (Client). 

    All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.

Scope of this Agreement.


    This Agreement applies to any image, graphics, digital assets, or digital images , films 16mm 35mm or DV MOV MP4 MPEG created or taken by Artist and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.

    Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in the Client Invoice and signed by both parties. Images used for any purpose not directly related outside of those terms, must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.  Rights: to the copyrights are not being transferred to the Licensee, not even for modifications that they may make to the art. The copyrights remain in the ownership of the artist.


    Relationship of the Parties: The parties agree that Artist is an independent contractor, and that neither Artist, nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

    Creation: The manner and method of creating any Image is solely at the discretion of Artist and the Client has no right to control Artist’s manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the Images conform to Client’s specifications; and (b) submit all Images to Client in publishable quality, on within 30 days after the applicable deadlines.

    Delivery: Artist may select delivery of IMAGES in JPEG, MOV MP4 MPEG MOV TIFF, PNG, PDF or other standard format, at a resolution that Artist determines will be suitable for the Images and or Film/Video as licensed. It is the Client’s responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Artist with five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages. 

    Fees: All fees and expenses payable under this agreement are required no later than (30) business days from the delivery of the Film or Images. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Artist with written statement that all images have been removed and destroyed.

    No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Artist.

    Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

    Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

    General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Los Angeles County, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the Artist shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or bi3nding arbitration in a forum mutually agreed to by the parties.

    Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.

    The ability to Terminate: the contract in the event that Views are not being made. The Termination enables the artist to cancel the agreement, “in whole or in part” (i.e. remove images from the contract, or remove a Territory, or a Product in which there are little or Views The Artist shall host the orginal File on Youtube.com on his channel playplayplayforever starting in 2008 and will not share distribution rights with anyother accounts or sights except under extention of this License.
     Approvals and Sample: it is required the Licensee to get the artists written approval of all products and modifications to the artwork prior to manufacture republizing of the film. This enables an artist to keep quality control.

Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.

IN WITNESS WHEREOF, the parties have caused this Artist Licensing Agreement tto be duly executed as of the dates written below.
[Client Name]
By: Christopher Owens

Christopher Owens

of the San Francisco Based Band “Girls” 2008
 Date:  July 21 2008
[Artist Name]
By: Erik Seidenglanz

Name:Erik Seidenglanz  by Publishing this document on Play Play Play Inc. 2008 July 22 and or hosting on PlayPlayPlay.org at any given time I am autherizing the Liscense of the Image or Film and Its Liscensee to Use the work in its respective placement in this case I authorise th FILM to be published on Youtube.com
under the account of playplayplayforever only. And to be Linked to by Christopher Owens and his Representation for its offical viewing. No Parent company of the client shall reproduce an alternative link or Film to replace the film called 

GIRLS, GOD DAMNED, http://www.playplayplay.org Christopher Owens / Heidi Petty and Erik Seidenglanz

URL LINK :
https://www.youtube.com/watch?v=MSN6bI_n8s8



Mark