general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling; and to the extent the artwork incorporates products covered by a manufacturer’s warranty, the Artist shall provide copies of such warranties to the City.
Ownership of Documents. All original designs, plans, specifications, reports,
documentation, and other informational materials, whether written or readable by machine, originated or prepared exclusively for the City pursuant to this Agreement shall become the joint property of the City and the Artist. The Artist shall deliver such documents to the City whenever reasonably requested
to do so by the City.
B.3.1 Use by City. The Artist agrees that the City may use the documents and materials submitted by the Artist for purposes related to the development, review and approval of the artwork proposal.
Copyright Ownership. The Artist retains all rights under the Copyright Act of 1976,
17 U.S.C. § 101 et seq., as the sole Artist and Author of the artwork for the duration of the copyright.
The Author is the person who exercises control over the artwork.
B.4.1 Copyright Registration. The Artist shall, at the Artist’s expense, cause to be registered with the United States Register of Copyrights, a copyright in the artwork in the Artist’s name.
Reproduction Rights. In view of the intention that the final artwork shall be unique,
the Artist shall not make any additional exact duplicate two or three-dimensional reproductions of the
final artwork, nor shall the Artist grant permission to others to do so except with the written permission
of the City. However, nothing shall prevent the Artist from creating future artworks in the Artist’s manner and style of artistic expression.
B.5.1 City’s License to Reproduce. The Artist grants the City, and other parties duly authorized by the City, a nonexclusive irrevocable and royalty-free license to use the artwork for all standard City educational, public relations, tourism and arts promotional purposes including, but not limited to, displaying artwork, lending the artwork, reproducing or preparing photographs, other two- dimensional reproductions, or digital reproductions of the artwork, and displaying, distributing, transmitting such reproductions or images to the general public. Such reproductions and transmissions may be magazines, books, newspapers, journals, brochures and pamphlets, exhibition catalogues, films, television, video, websites, slides, negatives, prints and electronic media, DVD, CD, computerized retrieval systems, and by all means or methods now known or hereafter invented in connection with standard City activities.
B.5.2 Reproductions for Commercial Purposes. If the City wishes to make reproductions of the artwork for commercial purposes, including, but not limited to, T-shirts, postcards or posters, the parties shall execute a separate agreement to address the terms of the license granted by the Artist and the royalty the Artist shall receive.
B.5.3 Credit for Reproductions. The City agrees that, unless the Artist requests to the contrary in writing, all formal references to, and reproductions of the artwork shall credit the Artist and the City.
CCDC/City of San Diego Asian Pacific Historic District Gateway – Public Art March 2010 Page 30 of 38