
1851465 items (1851465 unread) in 479 feeds
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Bo Jackson photo by Chris Putnam (altered) |
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Ulysses S. Grant - Virginia, June 1864 |
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Two iconic book covers that later became the posters for the film adaptations |
Cover Art Illustration Agreement
This Work-Made-for-Hire Agreement (the "Agreement") is made between Bossa Nova Publishing ("Company"), and Astrid Jones ("Illustrator").
Services. In consideration of the payments provided in this Agreement, Illustrator agrees to perform the following services: create original cover art for the book, Travels With Trudy (“the Work”) based on the approval and delivery specifications in Attachment A.
Payment. Company agrees to pay Illustrator $1500 as follows: $500 upon execution of this Agreement, and $1000 upon acceptance of the completed Work.
Works Made for Hire--Assignment of Intellectual Property Rights. Illustrator agrees that, for consideration that is acknowledged, any works of authorship commissioned pursuant to this Agreement (the "Works") shall be considered works made for hire as that term is defined under U.S. copyright law. To the extent that any such Work created for Company by Illustrator is not a work made for hire belonging to Company, Illustrator hereby assigns and transfers to Company all rights Illustrator has or may acquire to all such Works. Illustrator agrees to sign and deliver to Company, either during or subsequent to the term of this Agreement, such other documents as Company considers desirable to evidence the assignment of copyright.
Illustrator Warranties. Illustrator warrants that the Work does not infringe any intellectual property rights or violate any laws and that the Work is original to Illustrator.
Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. Modifications and amendments to this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
Successors and Assignees. This agreement binds and benefits the heirs, successors, and assignees of the parties.
Notices. Any notice or communication required or permitted to be given under this Agreement shall be sufficiently given when received by certified mail, or sent by facsimile transmission or overnight courier.
Governing Law. This agreement will be governed by the laws of the State of California.
Waiver. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.
Severability. If a court finds any provision of this agreement invalid or unenforceable, the remainder of this agreement will be interpreted so as best to carry out the parties' intent.
Attachments and Exhibits. The parties agree and acknowledge that all attachments, exhibits, and schedules referred to in this agreement are incorporated in this agreement by reference.
No Agency. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the parties.
Attorney Fees and Expenses. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney fees incurred in enforcing this Agreement.Jurisdiction. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in San Francisco, California, in any action arising out of or relating to this agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
Signatures. Each party represents and warrants that on this date they are duly authorized to bind their respective principals by their signatures below.
Company:____________________________________________ ____________________
Signature Date
____________________________________________
Typed or Printed Name
____________________________________________
Title
Illustrator:
____________________________________________ ____________________
Signature Date
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Types of Creative Commons licenses |
To take advantage of the cover song compulsory license, a notice must be sent to the copyright owner along with a fee set by the U.S. Copyright Office, known as the statutory fee or statutory rate. The recording fee (in 2022) is 9.1 cents per song (or 1.75 cents per minute of playing time). Alternatively, you can use online services such as Songfile.Example: A song was used in a movie but never released on a soundtrack or other recording format. It would not qualify for the compulsory license. You would have to wait until the song owner released the song on a recording distributed to the public.
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Interior Entrance to the Department of Interior |
An assignment versus work made for hire. In the Nagel case, the court of appeals determined that this language referred to an assignment, not a work-for-hire. One difference between the two types of ownership is that an assignment can be terminated after a number of years while a work-for-hire cannot. For example, transfers of ownership made in 1965 could be terminated in 2021 (see 17 USC 304). Therefore if Playboy used a similar legend in 1965, and if the cartoonist's estate terminated Playboy's rights, the cartoonist's estate may own the right to license the cartoon. Or maybe they don't want to deal ... Alternatively, the cynical members of the Dear Rich Staff wonder if Playboy just doesn't want to bother with small licenses such as yours and they use this statement as an all-purpose rejection.Any alteration of this legend agreement voids this check. By endorsement of this check, payee acknowledges payment in full for the assignment to Playboy Enterprises, Inc. of all right, title, and interest in and to the following items: [a description of the work].
An assignment versus work made for hire. In the Nagel case, the court of appeals determined that this language referred to an assignment, not a work-for-hire. One difference between the two types of ownership is that an assignment can be terminated after a number of years while a work-for-hire cannot. For example, transfers of ownership made in 1965 could be terminated in 2021 (see 17 USC 304). Therefore if Playboy used a similar legend in 1965, and if the cartoonist's estate terminated Playboy's rights, the cartoonist's estate may own the right to license the cartoon. Or maybe they don't want to deal ... Alternatively, the cynical members of the Dear Rich Staff wonder if Playboy just doesn't want to bother with small licenses such as yours and they use this statement as an all-purpose rejection.Any alteration of this legend agreement voids this check. By endorsement of this check, payee acknowledges payment in full for the assignment to Playboy Enterprises, Inc. of all right, title, and interest in and to the following items: [a description of the work].
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Postcard: Malo-les-Bains - Avenue Kleber, sent 30 April 1915 |
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the queen of residuals photo:angela george (modified) |
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Margaret Mead, anthropologist |
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Dietmar Rabich, Borkum, Alter Leuchtturm, |
It may also be helpful to list the address of the charity and its tax I.D. Upon your passing, your executor would notify the licensor, (in this case, MakeGo), of your bequest and request that MakeGo pay periodic royalties to the charity. In the same manner, you could make a bequest assigning any patents on which you are named. (Your executor would register the assignment with the USPTO.) Trusts. If you're creating a trust, you can assign your royalties (and patent rights, if any) to the trust.“I bequeath all income derived from my toy, Waddle Wheels, to the charity, Corvid Recovery Group. Waddle Wheels income includes but is not limited to royalties paid under the MakeGo Licensing Agreement.”
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Original Photo by Jeremy Bishop on Unsplash |
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We love musician biographies and memoirs. (One of our favorites is Playing the Bass With Three Left Hands by Will Carruthers.) |
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Pre-1964 photos. We assume copyright lapsed because the owner of the photographs failed to renew copyright (a requirement for all works published from 1926 through 1963). If the photographs were first published within books, you can verify public domain status at Stanford’s Copyright Renewal Database.
It's unlikely that your book will trigger an infringement lawsuit or a response from the toy company. Here's why:
That's a laundry list of goods and much of it is available at the trademark owner's website.(1) “Works of creative expression, namely, photographs, paintings and printed matter, namely, graphic design prints; art prints; graphic and printed art reproductions; lithographic works of art; calendars; greeting cards; photo albums; books featuring art reproductions and graphic prints; magazines featuring art reproductions and graphic prints; pictures; portraits; postcards; posters; stationery; stickers; decorative stickers; iron-on and plastic transfers; bumper stickers; decals; wrapping paper; pens; business cards,” in International Class 16; and (2) “Clothing, namely, jackets, T-shirts, shorts, pants, aprons; chefs’ clothing, namely, aprons; clothing for sports, namely, jackets, pants, short pants, jerseys, hats and shirts; drawers, gloves, headbands, hoods; ready-made clothing, namely, jackets, sport coats, pants, short pants and shirts; belts, footwear, sneakers, basketball sneakers,” in International Class 25.
According to TuneCore, the service allows "any musician to sell their songs worldwide while keeping 100% of their sales revenue." In other words, revenue from digital stores like iTunes, Spotify, Amazon Music, YouTube, and TikTok is not commissioned by TuneCore. However, if you sign up for TuneCore Publishing Administration -- a separate arrangement that covers publishing and sync royalties -- TuneCore acquires exclusive synchronization rights and the company takes a commission of 20% for fees and royalties related to synchronization uses. That's in addition to a $75 setup fee, and a 15% commission from publishing and performance royalties. In summary, if TuneCore distributes your music to online stores, you get 100% of revenue, but if you opt for non-sales publishing/licensing revenue, TuneCore applies a commission. (We discuss the various publishing income sources in this blog entry.)
According to TuneCore, the service allows "any musician to sell their songs worldwide while keeping 100% of their sales revenue." In other words, revenue from digital stores like iTunes, Spotify, Amazon Music, YouTube, and TikTok is not commissioned by TuneCore. However, if you sign up for TuneCore Publishing Administration -- a separate arrangement that covers publishing and sync royalties -- TuneCore acquires exclusive synchronization rights and the company takes a commission of 20% for fees and royalties related to synchronization uses. That's in addition to a $75 setup fee, and a 15% commission from publishing and performance royalties. In summary, if TuneCore distributes your music to online stores, you get 100% of revenue, but if you opt for non-sales publishing/licensing revenue, TuneCore applies a commission. (We discuss the various publishing income sources in this blog entry.)
Your suggested use is not hinky. According to the Supreme Court, there is no legal requirement to provide attribution when public domain works are copied and placed into new works.
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Dear Rich staff busy at work on your question |
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Criterion's pristine version of "The Naked Kiss" |
We agree and suggest that your adherence to the statement's principles, including documentation of your efforts will go a long way to heading off potential litigation. We would also suggest that you follow the standards presented in 17 U.S. Code Sec. 110 (2) regarding the prevention of unauthorized copying or dissemination."While there are no fair use cases squarely addressing copying to help minimize a public health crisis, the other wide variety of public benefits cited by courts leads us to believe that this purpose would weigh extremely heavily in favor of fair use."
"[T]he current exemptions [to DMCA circumvention rules] extend only to copying “short portions” of motion pictures for use in certain types of teaching, not to copying entire works, even when doing so is clearly fair use. Courts disagree on whether circumvention violates the DMCA when the underlying use is non-infringing (for example, because of fair use) and on what constitutes circumvention."
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Calvert Vaux - Landscape Architect |
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British illustrator Cecil Aldin (1870 - 1935) with one of his furry subjects |