AGUILERA, MARINA (6) - Laserfiche WebLink

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