08-1975 Artwork Commission Agreement with David Passalacqua

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of ARTIST, including, but not limited to, any loss occurring during the creation, storage, transportation or delivery of the Artist's Artwork, regardless of where such loss occurs. J O. Ownership IInd Intellectual Property Rights. (A) Tille. Title to the Artwork shall pass to CITY upon CITY's written final acceptance and payment for the Artwork. Artist shall provide CITY with a Transfer of Title in substantially the form attached hereto as Exhibit 2. (B) Ownership of Documents. One set of presentation materials prepared and submitted under this Agreement shall be retained by CITY for possible exhibition and to hold for permanent safekeeping. (C) Copyright of Ownership. ARTIST retains all rights under the Copyright Act of 1976,17 U.S.c. S 101 et seq., as the sole author of the Artwork for the duration of the copyright. (D) Reproduction Rights. a) In view of the intention that the final Artwork shall be unique, ARTIST shall not make any additional exact duplicate three-dimensional reproductions of the final Artwork, nor shall ARTIST grant permission to others to do so except with written permission of CITY. However, nothing shall prevent ARTIST from creating future Artworks in ARTIST's manner and style or artistic expression. b) ARTIST grants to CITY and its assigns an irrevocable license to make two- dimensional reproductions of the Artwork for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publications provided that these rights are exercised in a tasteful and professional manner. c) All reproductions by CITY shall contain a credit to ARTIST and a copyright notice in substantially the following form: Copyright!!) David Passalacqua, 2008. d) ARTIST shall use the ARTIST's best efforts in any public showing or resume use of reproductions to give acknowledgement to CITY in substantially the following form: "an original Artwork commissioned by and in the public art collection of CITY." e) ARTIST shall, at ARTIST's expense, cause to be registered with the United States Register of Copyrights, a copyright for the Artwork in ARTIST's name. /) ARTIST shall allow the CITY to make reproductions of the Artwork for commercial purposes, including, but not limited to, tee shirts, post cards and posters. g) Third Party Infringement. CITY is not responsible for any third party infringement of ARTIST's copyright and not responsible for protecting the intellectual property rights of ARTIST. I I. Artist's General Rights. 6