ARTWORK RELEASE This Artwork Release (the Release) is entered into as of _________ __, 20____ by and between _______________________

(the Filmmaker), and _______________________ (the Owner, and together with the Filmmaker, the Parties). 1. PERMISSION TO USE ARTWORK.

In consideration of the [payment to the Owner of $_________][____________________ [insert other consideration]], receipt of which is acknowledged and received, the Owner grants the Filmmaker and its employees, agents, independent contractors, licensees, successors, and assigns (the Filmmakers Agents) the non-exclusive right to photograph, reproduce, and use in any manner (the Use) a _______________________ [painting, sculpture, etc.)] entitled _______________________ [insert name of artwork] [and attached hereto in the form of a photograph as Exhibit A] (the Artwork, and, together with the Use, the Artwork Use) for the purpose of making, distributing, exhibiting, and exploiting a [feature film][short film][independent film] tentatively entitled _______________________ [insert name of film] (the Film). The Owner grants the Filmmaker any further rights that may be required to effectuate the Artwork Use and understands that the Filmmaker will proceed in express reliance on this Release and the rights granted hereunder. 2. RIGHTS AND OBLIGATIONS.

The Filmmaker shall solely own all right, title, and interest in and to the Film and to all promotional material for the Film, including but not limited to all copyrights. The Owner shall have no ownership or other rights, including, but not limited to, any rights of inspection or approval, in or to the Film. The Filmmaker shall have the right to distribute, exhibit, market, advertise, publicize, and otherwise exploit the Film, including any images of the Artwork, by any title, in all media, now known or unknown, in perpetuity, throughout the world (the Exploitation). Nothing in this Release shall obligate the Filmmaker to (i) cause the Exploitation, (ii) pay any money with respect to the Exploitation, or (iii) use the Artwork in the Film in a certain manner or at all. 3. RELEASE.

The Owner agrees to release [and hold harmless] the Filmmaker and the Filmmakers Agents from any claim of any kind or nature whatsoever, including, but not limited to, those based upon the invasion of privacy or publicity, defamation, or copyright, arising from the Artwork Use, and agrees to not bring any such claim, now or in the future, against the Filmmaker and the Filmmakers Agents. (Optional)[The Owner agrees to [indemnify][hold harmless][indemnify and hold harmless] the Filmmaker and the Filmmakers Agents from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys fees and disbursements incurred therewith, and that result from or arise out of [(i)]any breach or alleged breach or any failure of any representation or warranty of the Owner in this Release [and (ii) [insert any other obligations the Owner has to hold harmless and/or 1
Artwork Release

indemnify the Filmmaker (e.g., the distortion of the Artwork in the Film, etc.) ______________________________________________________________________]. 4. (a) OWNERS REPRESENTATIONS AND WARRANTIES. It is the sole owner of the copyright in the Artwork and has the full power, authority, and right to enter into this Release and to permit and grant the Artwork Use for the Film and that no third-party permission is required. The Filmmakers exercise of the rights under this Release shall not infringe any copyrights or violate any third partys rights. The rights granted under this Release are not subject to any litigation or encumbered in any way that would interfere with the Filmmakers full enjoyment of such rights. NECESSARY ACTS, FURTHER ASSURANCES.

The Owner hereby represents and warrants as follows:

(b) (c)

5.

The Owner shall execute and deliver any further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Release. 6. AMEDMENTS.

No amendment, change, or modification of this Release shall be valid unless in writing and signed by both Parties. 7. ASSIGNMENT.

Neither Party may, without the written consent of the other Party, assign, subcontract, or delegate its obligations under this Release. 8. SUCCESSORS AND ASSIGNS.

All references in this Release to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Release shall be binding on and shall inure to the benefit of the successors and assigns of the Parties. 9. GOVERNING LAW.

This Release shall be governed by the laws of the state of______________. In the event that litigation results from or arises out of this Release or the performance thereof, the Parties agree to reimburse the prevailing Partys reasonable attorneys fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled. 10. COUNTERPARTS/ELECTRONIC SIGNATURES.

This Release may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For 2
Artwork Release

purposes of this Release, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature. 11. SEVERABILITY.

Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein. 12. ENTIRE AGREEMENT.

This Release [, together with Exhibit A hereto,] constitutes the final, complete, and exclusive agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties. 13. HEADINGS.

Headings used in this Release are provided for convenience only and shall not be used to construe meaning or intent.

[SIGNATURE PAGE FOLLOWS]

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Artwork Release

ACCEPTED AND AGREED TO:

OWNER

[OWNER NAME] By: Name: (if applicable) [Title:] Address: ___________________________________

FILMMAKER

[FILMMAKER NAME] By: Name: (if applicable) [Title:] Address: ___________________________________

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Artwork Release

(Optional)[EXHIBIT A PHOTOGRAPH OF ARTWORK] [Include a photograph of the Artwork here]

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Exhibit A to Artwork Release