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AGUILERA, MARINA (6)
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AGUILERA, MARINA (6)
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Last modified
5/16/2023 9:09:55 AM
Creation date
5/16/2023 9:09:25 AM
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Contracts
Company Name
AGUILERA, MARINA
Contract #
N-2023-115
Agency
Parks, Recreation, & Community Services
Expiration Date
6/15/2023
Destruction Year
2028
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3.9. If the Artwork is a mural, it must be covered in an anti -graffiti coating at the Artist's <br />expense. <br />3.10. After installation, should the Artwork be defaced and/or not repaired, maintained, <br />preserved, and/or conserved, the City has the option to repair, maintain, preserve, and/or <br />conserve the Artwork, or alternatively, the City as the sole authority to remove, alter, or <br />destroy the Artwork. <br />3.11. Artist will have first right of refusal to restore said Artwork, City agrees to engage in <br />good faith negotiations with Artist regarding compensation for such restoration. If Artist <br />is unwilling to perform or unable to perform within a reasonable time, the City has the right <br />to request the services needed from a different artist. <br />3.12. The City owns the physical Artwork on City property and the right to control what art <br />is displayed on City property, as such, the Artwork may be removed at the sole discretion <br />of the City or as otherwise agreed upon with Artist. <br />4. Intellectual Property and Publicity Rights. <br />4.1. Copyright. Subject to usage rights and licenses granted to City hereunder, the <br />copyright in all original works of authorship under this Agreement shall be owned by the <br />Artist or her heirs. If Artist is comprised of two or more individual persons, the individual <br />persons shall be deemed joint authors of the Work. <br />4.2. City's Intellectual Property License. Artist grants to City, and to City's agents, <br />authorized contractors and assigns, a non-exclusive and irrevocable license to do the <br />following with respect to the Artwork throughout the universe: <br />4.2.1. Implementation, Use and Display. City may use and display the Artwork at <br />the Site. <br />4.2.2. Reproduction and Distribution. City may make and distribute, and authorize <br />the making, display and distribution of, photographs and other reproductions. City may <br />use such reproductions for any not -for -profit City -related purpose, including advertising, <br />educational and promotional materials, brochures, books, flyers, postcards, print, <br />broadcast, film, electronic and multimedia publicity, documentation of City's art collection, <br />and catalogues or similar publications. City shall ensure that such reproductions are <br />made in a professional and tasteful manner, in the sole and reasonable judgment of the <br />City. <br />4.3. Third Party Infringement. The City is not responsible for any third party infringement <br />of Artist's copyright and not responsible for protecting the intellectual property rights of <br />Artist. <br />4.4. Credit. Artist hereby agrees that all formal references to the Artwork and any <br />reproductions of the Artwork in any form shall include the following credit: "Collection of <br />the City of Santa Ana." Wherever the City find practicable, the City shall make an effort <br />to ensure that all reproductions by the City shall contain a copyright notice substantially <br />Page 3 of 7 <br />
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