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artbase-artists-agreement.txt
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artbase-artists-agreement.txt
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Rhizome ArtBase Artist Agreement Policy
This agreement sets out the terms and conditions by which you agree to
allow us to include or link to ["TITLE OF ARTWORK"] in the Rhizome
ArtBase. This agreement also sets out the terms and conditions by
which Rhizome agrees to accept your artwork into the ArtBase.
I. General Information
The Rhizome ArtBase is an online archive of new media art that is
maintained by Rhizome at the New Museum a non-profit arts organization
in New York City. The ArtBase provides public access and exposure to a
comprehensive collection of new media art, serves as a platform for
artists to present their work and preserves key artworks for the
future.
The ArtBase includes two types of art objects: Linked Objects and
Archival Copies. Both, Linked Objects and Archival Copies, include
information about an artwork ("metadata"), such as the artist's name,
the date the project was created, the project's title, original URL,
keywords, technologies used, an artist's statement and a thumbnail
image. Artists who submit artworks as Linked Objects or Archival
Copies provide us with such metadata, which we may then edit to ensure
completeness, consistency and accuracy.
Artists who submit artworks as Linked Objects provide us with an
Original URL link that leads to the artwork located on another server
as well as metadata about the artwork.
Archival Copies include a copy of the artwork that is stored on
Rhizome's servers. Users can access the artwork by clicking on an
Original URL link that leads to another server or a unique URL
assigned to the artwork by Rhizome and located on the Rhizome server.
The Archival Copy serves as a snapshot of the work as it existed when
it was archived as well as a backup copy in the event the original
version becomes inaccessible. If the work changes after it is
archived, the Archival Copy may differ from the version of the artwork
maintained by the artist.
II. Your Rights
Even though you submit your artwork to Rhizome for inclusion in the
ArtBase, and execute this agreement, you retain ownership of copyright
and all other rights in your artwork or as defined by the Creative
Commons license you assigned.
Inclusion of your artwork in the ArtBase does not preclude you from
exhibiting your artwork elsewhere, online or offline. Nor does
inclusion of your artwork in the ArtBase preclude you from selling or
otherwise seeking financial compensation for your artwork in another
context. Both parties agree to not seek nor be entitled to any
compensation from the other by reason of Rhizome including your
artwork in the ArtBase.
You may use the fact that your artwork has been included in the
ArtBase on your resume or curriculum vitae, or to promote your artwork
in other ways. You may also link to the ArtBase or directly to your
artwork in the ArtBase.
If you ask us to remove your artwork and the metadata about your
artwork from the ArtBase, we will endeavor to do so within 60 days of
receipt of your request. Requests may be sent via email to
[email protected]. Once your artwork is removed from the ArtBase,
you will be notified by email from Rhizome. Note: removing your
artwork from the ArtBase means removing it and the metadata about your
artwork from the ArtBase web site. We may not be able to remove your
artwork or the metadata about your artwork from backup copies of the
web site in archival storage.
If you decide that you want us to include your Linked Object as an
Archival Copy, you may request that we do so by sending an email to
[email protected]. Due to limited resources, we may not be able to
comply with all requests.
If your artwork changes and you want to update the Archival Copy in
the ArtBase, you may request an update by sending an email to
[email protected]. Due to limited resources, we may not be able to
comply with all update requests.
In the event your artwork is removed from the ArtBase, you reserve the
right to resubmit your artwork to the ArtBase at any time.
III. Our Rights
By submitting your art work to the ArtBase as a Linked Object, you
grant Rhizome the right to link to your artwork and to use your name,
the title of your artwork, and all other metadata about your artwork
that you submit to us, including the thumbnail image of or taken from
your artwork, both on the Rhizome web site and elsewhere for
promotional and fundraising purposes.
By submitting your art work to the ArtBase as an Archival Copy, you
grant Rhizome a non-exclusive, worldwide, royalty-free, fully paid-up
license to store copies of your artwork on our servers, to include
your artwork in the ArtBase and to perform, display or otherwise make
available your artwork to users online. You also grant Rhizome the
right to use your name, the title of your artwork, and all other
metadata about your artwork that you submit to us, including the
thumbnail image of or taken from your artwork, both on the Rhizome web
site and elsewhere for promotional and fundraising purposes. You also
grant Rhizome the right to make changes to your artwork for purposes
of preserving the artwork and for access by users, as specified by you
in the Artist Questionnaire.
You grant Rhizome the rights to create a thumbnail image of or from
your artwork if you either do not provide one or if the thumbnail
image you provide does not meet our standards, and to include such
image in the ArtBase.
We reserve the right to make changes to the metadata you provide about
your artwork for the purposes of completeness, consistency and
accuracy.
Rhizome reserves the right to remove artworks from the ArtBase at any
time. Reasons for removal include, but are not limited to, copyright
infringement, failure to keep artwork live, the artwork is potentially
harmful or the artwork is defamatory or derogatory. If your artwork is
removed from the ArtBase, you will be notified by Rhizome by email
sent to the address you provide.
IV. Your Obligations
You agree to keep the contact information in your member record on the
Rhizome web site up-to-date and accurate.
You agree to actively maintain your artwork to ensure that it is live
and accessible to the ArtBase.
You agree to notify us of any changes to the URL where your artwork is
available so that we can keep the Original URL field up-to-date. Such
notice shall be sent via email to [email protected].
By submitting your artwork as an Archival Copy, you agree to upload
your artwork to our server and to test its functionality.
By uploading content to ArtBase, you understand and agree to allow
Rhizome to distribute images, text and other information to third part
affiliates for non-commercial purposes.
V. Our Obligations
We agree to use reasonable efforts to ensure that the metadata that
you provide about your artwork remains secure and accessible for the
future by providing high web server availability and redundant
backups. We also intend, but are not obligated, to provide access to
obsolete software.
We agree to use reasonable efforts to ensure that the Archival Copy of
your artwork remains secure and accessible for the future by providing
high web server availability and redundant backups. We also intend,
but are not obligated, to provide access to obsolete software and to
implement measures to preserve your artwork, such as documentation,
migration, emulation and reinterpretation, as indicated in the Artist
Questionnaire. We agree to notify you of any changes to your artwork
that are permitted by you, as specified in the Artist Questionnaire.
If Rhizome is no longer able to maintain the ArtBase, we will endeavor
to find a trusted third party to take on and maintain the ArtBase. At
that or any other time you may ask to remove the metadata about your
artwork from the ArtBase.
We agree to notify you if your artwork is removed from the ArtBase in
accordance with Rhizome's removal policy (please refer to the ArtBase
Collection Management Policy for more information). Rhizome assumes no
responsibility to search for the artist's contact information in the
event that they no longer maintain the email address on record.
VI. Representations; Disclaimers; Limitation of Liability
You represent that your artwork, the thumbnail image and the other
metadata that you provide to us do not infringe the intellectual
property rights of any other person, that you have the rights to
license your artwork to Rhizome and to authorize Rhizome to include
metadata in the ArtBase and that you are authorized to enter into this
agreement.
We represent that we are authorized to enter into this agreement, and
we disclaim all other representations and warranties, express or
implied.
Neither Rhizome nor any of its officers, directors, employees, agents,
representatives, information providers or licensors ("Affiliates")
represent or warrant that the ArtBase will be available or will be
uninterrupted or error free, or that access to the ArtBase will be
secure, or that information contained in the ArtBase will be accurate.
In no event will Rhizome, or any of its Affiliates, be liable to you
for any direct or other damages arising out of this agreement,
including, but not limited to, including or linking to your artwork in
the ArtBase.
VII. Indemnification
You agree to defend, indemnify and hold harmless Rhizome at the New
Museum and its Affiliates from and against all third-party claims and
expenses (including attorneys' fees) arising out of our including
metadata about your artwork in the ArtBase, including, but not limited
to, any breach of any of your representations.
We agree to defend, indemnify and hold you harmless against all
third-party claims and expenses (including attorneys' fees) arising
out of the ArtBase (other than claims and expenses arising out of any
breach of your representations), including, but not limited to, any
breach of any of our representations.
VIII. Survival
Sections VII and IX and this Section VIII shall survive termination of
this Agreement.
IX. Miscellaneous
This agreement constitutes the entire agreement between Rhizome and
you and may only be amended in writing by mutual agreement. No waiver
by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. This
agreement shall be construed in accordance with the laws of the State
of New York, without regard to its conflict of laws rules.