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B.16

Sub-consultants: Transfer of Title. The Artist shall require each sub-consultant to

agree that title to the artwork shall pass to the City upon the City’s written final acceptance and

payment for the artwork pursuant to Exhibit A. This language shall be in contracts between the Artist

and any sub-consultants.

B.17

Sub-consultants: Copyright Ownership.

The Artist shall require each sub-consultant

to agree that 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. This language shall be in contracts between the Artist and any

sub-consultants.

B.18

Sub-consultants: Reproduction Rights. In view of the intention that the final artwork

shall be unique, the Artist shall require each sub-consultant to agree not make any additional exact duplicate two or three-dimensional reproductions of the artwork, nor shall the sub-consultant grant permission to others to do so except with the written permission of the Artist and the City. This language shall be in contracts between the Artist and any sub-consultants.

B.19

Sub-consultants: City’s License to Reproduce. The Artist shall require each sub-

consultant to agree that the City, and other parties duly authorized by the City, shall be granted 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. This language shall be in contracts between the Artist and any sub-consultants.

B.20

Sub-consultants: Credit for Reproductions. The Artist shall require each sub-

consultant to agree that all formal references to, and reproductions of the artwork shall credit the Artist

and the City.

This language shall be in contracts between the Artist and any sub-consultants.

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 33 of 38

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