Right to Reproduce Work of Art (Form of Lincoln Center) historical mural samples 2 / I. THE RIGHTS OF THE ARTIST IN HIS WORK
ultv of reproducing works covered by the statute may become insup-
ibie. Since the statute deals with any form of transfer including pre- i '
mably inheritance, consider the following situation: Artist X, by his
i
ill, specifically bequeaths his self - portrait to his oldest daughter Y.
is residuary estate is left to his issue, in equal shares per stirpes. Does
now not own any but a fraction of the reproduction rights to the Right to Reproduce Work of Art I.
i
If- portrait ?" * I
( of Lincoln Center) ,'r
For and in consideration of the sum of $ , the I �`
receipt whereof is hereby acknowledged, the undersigned It
does hereby grant to Lincoln Center for the Performing
1 i e Arts, Inc. ( "Lincoln Center ") the exclusive right to photo-
graph, copy, duplicate, reproduce and otherwise depict, by I
any method or means available to Lincoln Center and as 4
- often as Lincoln Center may desire, the following de-
scribed work or works of art: if '
and the exclusive right to sell or distribute any such photo- 5,, '
graph, copy, duplicate, reproduction or depiction of said
work or works of art (but without obligation to do so) for
; any purpose whatsoever, including (but not limited to),
,iv education, trade, advertising or promotion, for as long as ,
Lincoln Center shall own or have the right to display said ' :
:IF
k
work or works of art, and in conjunction therewith to use i +�
Es
the title of said work or works of art and the name, por-
tra picture or likeness of the creator of said work or i N'
` wor of art. The rights herein granted with respect to the i!
above - described work or works of art may be freely as- , I I'
li l signed by Lincoln Center. The undersigned hereby repre-
sents and warrants (1) that the above - mentioned sum
includes any dealer's and /or agent's fee or commission ' j
which the undersigned may be obliged to pay and the un
dersigned agrees to make any and all such payments; (2)
. , that the undersigned is the owner and /or creator of the :I
above- described work or works of art and has full right,
power and authority to make this agreement, and if the
#:` undersigned is the creator; (3) that the rights herein
granted with respect to said work or works of art may be
a I
Cf. Kalodner & Vance. The Fe /ationibit' Between Federal and State Protection of 4
Literary and Artistic Pr, pert) -_' IIARC. L. REV. 1079, 1092 (1959). ` 'Reprinted by permission of Lincoln Center for the Performing Arts, Inc.
203 I'
f 204 / I. THE RIGHTS OF THE ARTIST IN HIS WORK
r ,i exercised by Lincoln Center without violation of any law,
including any copyright law or law relating to the right of
privacy, and without infringing in any way whatsoever the
i F
rights of any person, firm or corporation.
Dated: BY Federal Design Patent Statute
§ 171. PATENTS FOR DESIGNS (35 U.S.C.)
Whoever invents any new, original and ornamental design for
of manufacture may obtain a patent therefor, subject to the condi
requirements of this title.
i The provisions of this title relating to patents for inventions sI
" • to patents for designs, except as otherwise provided.
§ 172. RIGHT OF PRIORITY
The right of priority provided for by section 119 of this title and
specified in section 102(d) shall be six months in the case of desig:
§ 173. TERM OF DESIGN PATENT
a Patents for designs may be granted for the term of three years
t # .
i i months, or for seven years, or for fourteen years, as the applican
application, elects.
1 1
1
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y ., 1 { 205
lE E
T. Scott Sayre
P.O. Box 430
Clayton, CA 94517
(415) 672 -5970
Revised Budget Proposal
Cupertino Fine.Arts Commission
Historical Mural Project
Budget: My revised budget proposal for the historical mural
project is $25,000. I am submitting this revised proposal
along with completed sketches of the proposed mural of
Cupertino's past, present and future. I am also submitting a _.
three - foot - square detailed rendering of a section to
demonstrate my particular palette style and technique as
requested. If my proposal is accepted and minimal
compositional changes are necessary, the sketches I am
presenting will allow me to begin painting very quickly.
The fee includes all research, materials, and labor,
including installation.
The payment schedule I would request would be a down payment
of $7,000 and monthly installments of $3,000 for six months.
Production time: The project will take four to six months to
complete.
Mural size: Two panels, 90.5 inches high, 82.5 inches wide
and 5/8ths of an inch thick.
Material specifications: The mural would be painted in my
studio and then installed. The hardwood ribs of the
stretcher bars would be kiln -dried to prevent warping. A
skin applied to the surface of the stretcher bars would
protect the mural from possible damage from punctures and
handling. I have supplied samples of the linen and plans for
the stretcher bars. The mural would be painted to the edges
of the stretcher bars. As stated in my first proposal, I use
only the finest oils and other materials available. As far
as longevity is concerned, the mural should last for several
centuries.
Revised Budge
May 26, 1989
Page 2
Following installation of the mural, I would spend one to two
weeks on location making adjustments to the mural for any
differences in lighting between my studio and the final mural
location. I anticipate that minimal adjustment will be
necessary.
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•
May 26, 1989
Mrs. Deborah Arden
Chairman
The Cupertino Fine Arts Commission
Cupertino, CA 95014 - Dear Mrs. Arden:
I am submitting a revised budget for the mural project, as
changes have occurred since my first proposal was made in --
February and I want my bid to be as competitive as possible.
I am also submitting the sketches and detailed rendering
requested for review by the committee and members of the City
Council.
Some thinker once said: "No great enterprise can succeed
without enthusiasm." I can truthfully say that I am more
excited about this project than ever.
The conquistadors, the fruit pickers, the sea captains and
their Victorian houses, the civic center and library, the
computer rooms and fibre -optic devices have become intimate
friends for me.
It would be a labor of love to work on is project.
Sincerely yours,
ir 07""
T. Scott Sayre
AGREEMENT FOR COMMISSION OF CUPERTINO
HISTORICAL MURAL
This Agreement is made and entered into this 17th day of
July, 1989, by and between the City of Cupertino, California, a
municipal corporation of the State of California (hereinafter
referred to as "City ") and T. Scott Sayre (hereinafter referred
to as "Artist ") whose address is P. O. Box 430, Clayton, CA
94517.
R E C I T A L S
A. City wishes to enhance the aesthetics of the City of
Cupertino by commissioning a mural which depicts the history of
Cupertino; and,
B. Artist has submitted to City a proposal, sketches and
a rendering reflecting the completed mural which has been
approved by City; and,
C. Artist is willing to execute and transfer full title
to such a completed mural to City, and City is willing to
purchase such a completed mural from Artist.
NOW, THEREFORE, in consideration of the foregoing
promises and mutual covenants hereinafter set forth and other
valuable consideration, the parties agree as follows:
1. Historical Mural: Artist agrees to create the
historical mural entitled "Cupertino Past, Present and Future ",
(hereinafter "mural ") as proposed by Artist and commissioned by
City.
2. Duties: Artist agrees to provide any and all
services necessary for the completion of the mural, including but
not limited to all labor, materials and equipment necessary for
the creation, transportation and final installation of the mural.
3. Term: Artist shall begin work on or before July 28,
1989, and the mural shall be completed on or before January 28,
1990. The date of completion shall not be extended except upon
written authorization as granted by the City Manager's office.
In the event that Artist fails to complete the mural within the
time specified herein, City shall have the right to rescind this
agreement.
4. Compensation: As compensation for all services to be
performed under this agreement, City shall pay to Artist the
total sum of $25,000, payable as follows:
$7,000 to be paid to Artist within ten (10) days of the
execution of this agreement; and,
$3,000 per month for six (6) months provided that Artist
submits evidence satisfactory to City, that substantial and
sufficient progress is being made towards completion of
the mural. Such evidence of progress shall consist of
photographic evidence showing the size and scale of the work or
an inspection of the work by the City Manager or his designee
during reasonable hours. In the event that Artist completes the
2
mural prior to January 28, 1990, City shall pay the balance owed
to Artist within 10 days of the final acceptance of the mural by
City.
5. Relationship of Parties: The parties intend that
Artist, in performing the specified services, shall act as an
independent contractor and shall have control of his work and the
manner in which it is performed. Artist is not to be considered
an agent or employee of City, and all work shall be performed at
Artist's risk.
6. Right of Rejection and Final Acceptance: Artist
shall notify City, in writing, upon his completion of the mural.
For thirty (30) days following such written notification, City
shall have the right to reject the mural for any reason. If City
does not reject the mural within this 30 -day periood the mural ZZ
Rejection of the mural shall result `"" ��
shall be deemed accepted by City. in the Artist returning all funds to the City.
7. Responsibility for Work: During the course of the
creation and installation of the mural, Artist shall, at his
expense, keep the mural fully insured against any and all damage
and theft, and in the event of any loss resulting therefrom,
Artist shall apply the insurance proceeds to City to the extent
that City has made payment under this agreement. Upon final
acceptance of the mural by City, full responsibility pertaining
to and arising from the maintenance and display of the mural
shall be borne by City.
8. Non - Assignability: No rights created in Artist and
for Artist's benefit under this agreement shall be assignable and
any attempted assignment of this agreement shall terminate the
3
rights granted to Artist under this agreement, except that
nothing contained herein shall be construed as a limitation on
Artist's rights under any copyright laws to which the mural may
be subject.
9. Right to Reproduce Mural for Non - Profit Interests:
Artist grants to City the exclusive right to photograph, copy,
duplicate, reproduce or otherwise depict the mural, and the
exclusive right to distribute such depiction provided that such
distribution shall be made only to non - profit entities with no
profit being made by or from the depiction and further provided
that any such depiction shall bear the Artist's name and the
title of the mural. Artist shall have artistic control over the
final depiction and shall not unreasonably refuse his final
consent to the depiction. Artist represents and warrants that
the rights granted herein may be exercised by City without
violation of any law including copyright law or laws pertaining
to the right of privacy, and without infringing in any way
whatsoever the rights of any person, firm, or corporation.
10. Attorney's Fees: In the event that either party
shall hereafter bring any action upon any default in performance
of this agreement, the prevailing party shall recover reasonable
attorney's fees in addition to any other remedies which may be
available.
11. Written Amendment: This agreement shall constitute
the entire agreement between Artist and City with respect to the
mural and shall not be subject to amendment, modification, or
termination, except in writing signed by the parties hereto.
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WITNESS THE EXECUTION HEREOF the day and year first
above written.
APPROVED/ A FORM: CITY OF ' PERTI►S a
j � Municip.a Ce •or. ion
ff
? ' 7,,,,,,,...____ 7,,,,,,,...____ B
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Y: _A . .1
Leslie R. Lopez Don. d ! :rown
Deputy City Attorney City Manager
L�
By: T. Scott Sire, Artist
---- --./
C.r .v 7 .t ,
T. Scot Sayre
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