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Crista © Copyright 2001-2003
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Acting and Modeling Portfolio

The Legalities
Terms & Conditions.


Navigation
Page Index
'Site index'
"Nudity Clause"
"Image Authority"
"Digital Authority"
(including Internet)

"Right to
Communicate Limitations"

"Royalties"
"Website design"
"Contract Consent"
PAGE 1 INDEX
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"Site Copyright"
"Terms & Conditions"
"Definition of terms"
"Assignment Acceptance"
"Tests/TFP"
"How is authority
granted to an agent?"

"What does my agent
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"Duty to fulfil agency"
"Duty to act in person"
"Duty of care"
"Duty to promote
principal’s interests"

"Duty not to
profit secretly
from the agency"

"Proper management
of money"

"Confidentiality"
"Agency agreement"
PAGE 2 INDEX
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"Term"
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"Accounting requirements"
"Insurance"
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"Legal advice"
"Agreement Authority"
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Contract Agreement.
Nudity Clause

No contract shall require nudity, or form thereof unless specifically stated in a written contract. The Principals prior written consent, signed by both parties, must be sought in all circumstances, on terms to be negotiated.
Any additional uses require the prior written agreement of Principle on terms to be negotiated. The Principal retains all rights, at all times. There are nudity limitations in all areas, including but not limited to, Agent being unable to make or permit any alterations, additions, or subtractions in respect of the principle, including without limitation any digitalization or synthesizing alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
The Model can not be depicted nude, semi-nude, or digitally altered to appear as such. No body parts that are considered to be private, may be depicted. Parts to be considered as private would be the areas that would be covered when wearing a bathing suit. Although the contract can be terminated, the agreement is still binding as it pertains to my efforts and future offers.

Image Authority

Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of Principle.Any additional uses require the prior written agreement of Principle on terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to one(1) year from the date hereof for the territory of Western Australia. Although the contract can be terminated, the agreement is still binding as it pertains to my efforts & future offers.
Principle's copyright notice:-
"Crista © copyright *2001" (* state current year)

must accompany each use as an adjacent credit line. Client will not make or permit any alterations, additions, or subtractions in respect of the principle, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
Client assumes full risk of loss or damage to materials furnished by client hereunder and warrants that said materials are adequately insured against such loss or damage. Client shall indemnify Principle against all claims, liability, damages and expenses incurred by Principle in connection with any third party claim arising out of misappropriated use of said material hereunder. Client may not assign or transfer this agreement or any rights granted hereunder.
This agreement binds and inures to the benefit of Principle, Principle's Clients, Client, Client's principals, employees, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, oral authorizations for fees or expenses which could not be confirmed in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act, as amended.
Except as provided in below any dispute regarding this agreement shall be arbitrated in Western Australia, Australia under rules of the Australian Arbitration Association and the laws of Australia. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $ 1000.00 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of the Principle.
The following clause also applies to the terms set out under the section below titled "Digital Authority" The Agent agrees providing that, if work is to be distributed on line it must have an effective and approved security and rights management mechanism to enable controlled exploitation and subsequent reuse. Flexible remuneration mechanisms are such that if on-line delivery is a success for the distributor or Agent, then it must also be a success for the copyright owner.
-However, where a pre 4 March 2001 contract assigns all rights, licenses future rights or provides for any activity which involves the exercise of the communication right (such as uploading the work onto a server) that contract will be interpreted to cover the entirety of the new communication right. However, a specific reference to only one element of the communication right (such as electronically transmitting a work) will not be interpreted to cover the remaining rights (such as making a work available on-line).
-Contracts made after 4 March 2001
For these contracts the new right must be considered and provided for in all cases dealing with copyright. If a contract says that the author grants the right to "communicate the work to the public" the grant is likely to be interpreted to the full extent of the Copyright Act;— it will cover all forms of electronic distribution.
-where there is an agreement to use a commissioned photograph for a specific purpose, the ‘author’ of the photograph, can restrain the copyright owner from additional uses of the photograph not contemplated in the original commission.

Digital (including Internet) Authority

In the situation where no monetary or other mutually agreed upon compensation has been awarded to the Principle, and unless otherwise agreed in writing by the Principle, then the Agent is obliged, at the very least to have my bio and name credit appear prominently on the site, but not limited to, so as to ensure that I, and not just the agent or manufacturer are promoted.
I, the Principle, shall be entitled to monetary compensation, which I would have otherwise been entitled to as a professional model, and at the very least must meet or exceed this amount, as well as any monies due by way of compensation, for damages or losses incurred by such action. When (but not limited to) such promotions, are entered into, I have the reserved right to end the promotion after an agreed upon short trial period, or after a four week period. Whichever date comes first shall determine the trial closing date.
I, the Principle have the full right to demand royalties if it transpires that other artists are receiving benefits regarding the promotion, or if there has been no promotional, or other benefit to the Principle.
Any licence given to agents or manufacturers to use the principles artworks for promotional purposes is limited, and the Principle retains the right to terminate the contract without notice, or permission.
If artworks or other copyright material are to be used on the Internet for commercial or promotional purposes, the Principle is entitled to negotiate a fee. The Principle shall negotiate a written agreement including terms such as the following:
These terms also apply to, but are not limited to, the rights of respective Artists/Individuals who have made contributions to the Principles site. The principle and said Artists/Individuals shall retain full individual copyright, as entitled to them by law. Relating to both parties, all copyrights shall remain unchanged, and belong exclusively to the respective Individuals.
The Principles Internet rights are to be non-exclusive;
The principle is not restricted from, but not limited to, putting artworks or services in question on other Internet sites; the rights granted are limited to specific identified artworks; the rights granted are limited to a particular purpose such as e-cards and not to generally promote the agent or manufacturer; the Principal artist retains all copyright in the artwork and any approved variation of it; the Principle artist has the right to approve or disapprove of any changes to the artwork; the Principle may demand the removal of the artworks from the Internet site on reasonable notice, but unless a written request for an extention is made, the removal of said material must not exceed a 14 day period; the Principle is granted a fee or royalty for use of the artwork; The Principle is entitled to royalties, for any benefits that may arise from the Principles services, and the term is to be considered indefinate, with, but not limited to, all entitlements being passed on to future decendents. The Principle/dealer sales are subject to resale royalties, unless otherwise agreed by written consent.

"Right to Communicate Limitations"

The current Copyright Amendment (Digital Agenda) Bill 1999 provides protection for copyright works related to 'digital', including Internet, media rights for the Principle, artists and other creators. The Bill creates a right of communication to the public, which replaces and extends the existing broadcasting right. With the use of this new term, copyright protection captures both the current use of works on the Internet, as well the dissemination of works through any future communications technology.
Granting a right to communicate work to the public without restriction may expose the Principles work to additional risks of piracy. To mitigate this risk the grant of the broad "communication right" shall be carefully qualified by both parties, so as to minimise the dangers of copyright abuse.

"Identifying the 'right to communicate"

This license does not give exclusively the right to communicate my work to another person. In doing so the agent loses all rights to communicate the work for the period of the license.
By identifying the right to communicate I still retain full control of the use of my work, by limiting the uses that can be made by licensees or assignees, which would otherwise conflict with my right to retain full control.
In regards to Visual Arts the right to communicate is solely and exclusively retained by the Principal including, but not limited to, the right to reproduce prints, make online sales, undertake online promotions and use the work in any media ie television, print and the internet. The Principle remains in full control of all of these means of communication, at all times. Users are subject to the Principles right to review or approval, and all rights to communicate to traditional marketing purposes is solely and exclusively retained by the Principle.
In all circumstances, the Principle retains first and last options over all opportunities. The principle reserves the "right to communicate" and thus allows me to retain my original rights. When a license is granted, Agents must abide by the limitations of use on my work in regards to media, such as, but not limited to, print, film, television and online. Limitations on the uses that can be made of my work include, but not limited to, making, selling, leasing or hiring copies of the work. This right covers communications originating here and received overseas. My work cannot be distributed both here and overseas due to refusing to grant communication rights to Australian internet providers.

"Royalties"

Refering to royalities, the methods of enforcing the scheme may include but not be limited to, a collecting society, which will collect and distribute the royalties, after deducting its administration costs of 20%. The Agency is agreeable to pay 50% of costs. If however, said society is employed due to the Agent defaulting on payment, then Agent automatically becomes solely responcible for Society fees, and any other fees that accrue due to seeking reimbursement for monies owed. In regards to all payments, and auction sales, there is an onus on the person making the sale to withhold 10% of the amount of any sale under $500.00, 20% for any sale over $1,000, and 25% for any sale over $10000, and to pay the royalty directly from the gross income to the Principle within 90 days of the sale. Minium downline resale royalties of not less than 10% of the gross, must be paid to Principle, thereby recognising the Principle artist’s ongoing rights in their work.
Agents and galleries can take the amount out of their dealer’s commission and distribute it directly to the Principle, allowing the Principle to share in profits received from the sale of the work.

The resale royalty scheme is compulsory, and the resale royalty scheme ensures that the Principle does not have to rely on the goodwill of agents, galleries and auction houses to receive a return from sales of own work.

"Issues agreed upon in implementing
such scheme include:"

- the percentage to be levied and whether it should be fixed or on a sliding scale;
- whether there should be a maximum or minimum sale value to which resale royalties apply;
- whether the right to royalties should extend beyond the duration of the artist’s life; and
- whether it should apply only to auction sales or to all sales.

"Website design"

The principle retains all rights as set out in the Principals contract, regardless of who owns the web design.
Where a website is being built, by either a novice or professional, on behalf of the principle, by way of paid or unpaid work, a written agreement covering such issues as the following must be received:
Who owns copyright in the web design?
Has a designer’s warranty(promise) that it is their original work been provided?
Who obtains clearances for "third party" copyright material incorporated into the design, such as photographs, and a timetable for delivery of the website and payment?
Who is responcible for what fees?

What about other site aspects?
This must be clearly stated in the contract.
Contract must clearly state what is expected of both parties. The agreement should also cover issues such as who can update the website design, maintenance and problem shooting obligations.
The web designer is to advise on a proper "fit" between the type of site chosen and the level of staff training and contact hours required to maintain it.
This must be clearly set out in the contract
When the agent enters into any form of negotiations with the Principle, you the agent are automatically agreeing that you are of legal age, have the legal rights to act and the website is entirely legal.
The Principal has the right to immediately terminate the contract, without notice or permission. This becomes automatic if the site or webdesigner becomes involved, either directly or indirectly with any illegal or immoral activities, or otherwise but not limited to, anything that may be considered detrimental.
A site that falsely suggests it is connected with or endorsed by another organisation when it is not and finds itself the subject of a trade practices matter takes sole responcibility, and the Principle is released from all possible legal action, and all monetary losses will be fully covered by the Agent. Due care must be taken, when using other people’s images. The Principal is exempt from any potential legal liability for statements which are not accurate. For example, liability under trade practices legislation could arise if the site says that the website is the "only source" of an artist’s paintings when it is not, or if "limited edition" prints are offered which aren’t. Care must also be taken when "hyper-linking" to another site. The onus is on the agent to ensure there are no illegal links to sites, and the principal is not to be held liable if this occurs, as by entering any negotiations with the principal, this confirms the site is legal both directly and indirectly.

"Consent"

The Principle's consent can be enforceable only in the following circumstances:
i. it was given in writing and signed by both the Principle and Agent;
ii. it was expressly given for the benefit of the person relying on it; and
iii. the work was in existence at the time the consent was given; and
iv. in the circumstances, the consent is not in any way prejudicial to the author's interests.
*It is always safest to ask permission first.*

"Declaration"

I have read and fully understand all of the above. I further understand this is a legal binding contract and that I will honor all aspects of it. I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon the Agent and their heirs, legal representatives and assigns.

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