A New York Licensing Agreement to Merchandise Images is a legal document that outlines the terms and conditions of granting permission to use copyrighted images for commercial purposes within the state of New York. This agreement is crucial for both the image copyright owner, often represented by photographers, artists, or businesses, and the licensee, typically a company or individual interested in using the images for merchandise production and marketing. In this agreement, the copyright owner grants the licensee the right to reproduce, distribute, and sell merchandise featuring the copyrighted images. The licensee must agree to specific conditions, such as acknowledging the copyright owner's rights and limitations on the scope and duration of use, as established in the agreement. There may be different types of New York Licensing Agreements to Merchandise Images, categorically based on distinct terms and limitations. Some common types include: 1. Exclusive Licensing Agreement: This type of agreement grants exclusive rights to the licensee, ensuring that no other parties can use the licensed images for merchandise production or distribution during the agreement's validity period. Exclusive agreements often involve higher fees or royalties to compensate the copyright owner for the restricted use. 2. Non-Exclusive Licensing Agreement: This agreement allows multiple licensees to use the same images for merchandise production. Each licensee must adhere to the terms and conditions specified in the agreement, but they can coexist in the market with other licensees. Non-exclusive agreements are convenient when the copyright owner wishes to maximize exposure and reach a wider audience. 3. Limited-Use Licensing Agreement: This type of agreement specifies certain limitations on the licensees' use of the images. It may restrict the use to a specific geographical location, a particular time frame, or limited merchandise categories. For instance, it could limit the licensee to use the images only on t-shirts or mugs, excluding other product types. Such agreements provide more control to the copyright owner, allowing them to preserve exclusivity or target specific markets. 4. Royalty-based Licensing Agreement: This agreement incorporates royalty payments to the copyright owner, typically calculated based on the revenue generated from the licensed merchandise. Royalties may be a percentage of the sale price or a fixed fee per unit sold. Royalty-based agreements are beneficial for copyright owners as they ensure ongoing compensation, tied directly to the success of the merchandise sales. When drafting a New York Licensing Agreement to Merchandise Images, it is crucial to include clear descriptions of the licensed images, the purpose of their use, the term of the agreement, any territorial limitations, compensation terms, termination clauses, and provisions relating to copyright infringement and dispute resolution. It is advisable for both parties to seek legal counsel to ensure that the agreement fully protects their rights and interests.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.