This is definitely the approach that I recommend as well in order to conform with best practices and also allow for specific commercial uses.  The commission agreement should normally allow for the use of 2D reproductions of the work for educational, marketing, and other non-commercial purposes.  Commercial uses should be set out in a separate agreement.  Because copyright can be considered a bundle of rights that can be parsed however the copyright owner wants, it is wise to specifically spell out the extent of the license (specific merch allowed, whether the license is for a limited time, and if so, what happens with merch left over when the license ends, etc.).  Hope that helps.

Best,

Sarah

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From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> on behalf of Julia Muney Moore <jmoore@indyarts.org>
Date: Monday, September 23, 2024 at 3:52 PM
To: Amanda Dyer <AmandaD@wacotx.gov>
Cc: Public Art Network <public_art_network@americansforthearts.simplelists.com>
Subject: Re: language for permitting commercial use of artwork?

We do commercial licensing separate from the commissioning agreement, to make it clean. Our licensing in the agreement is for non-commercial purposes.

JULIA MUNEY MOORE she/her

Director of Public Art

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On Mon, Sep 23, 2024 at 4:17 PM Amanda Dyer <AmandaD@wacotx.gov> wrote:

Hello All,

I am looking for some examples of language within a licensing agreement that allows for specific commercial use of an artwork. In this case, a community organization has raised money to pay an artist to create a mural, which is being donated by the community organization to the city (the artist will be painting the mural directly onto a city building). The artist wants to permit the community organization to sell reproductions of the artwork in the form of t-shirts, posters, etc., to make money for the organization, so the agreement needs to be between the community organization, the artist, and the city. Has anyone been a part of such an arrangement before? And do you have an example of applicable licensing language?

Thank you in advance for any and all help!

Best,

Amanda Dyer

Amanda Dyer Program Manager of Beautification, Arts & Culture City Manager’s Office City of Waco P.O. Box 2570, Waco TX M: (254) 640-8697 waco-texas.com I Facebook I Twitter I Instagram I  MyWaco

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