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NOVARI ARTIST LICENSING AGREEMENT

 

 

This contract set out a licensing agreement between you (the Artist) and Novari Arts Ltd (Novari).

 

This licensing agreement covers use of the Novari App (available via mobile App Stores) and the Novari Artist Portal (accessible via the Novari Website: http://www.novari.art) by the Artist, and use of the Artist’s Artwork and Artist's Profile by Novari.

 

The App is an art subscription service that allows registered subscribers (Users) to browse and discover Artists and Artworks, create and view Playlists and display Artwork on external screens via casting services (Casting).

 

 

Artist Accounts

 

By creating an Artist Account on the Artist Portal, you agree to enter into this licensing agreement with Novari.

 

This license covers all actions taken by the Artist on the Artist Portal, including (but not limited to) uploading Artwork, creating Series (collections of Artworks), editing their Artist Profile (including uploading a profile picture) and making any changes to their Artwork.

 

 

Effective Dates

 

This license is effective from the date that the Artist creates their Artist Account on the Artist Portal.

 

All actions, uploaded Artwork and changes are live from the moment they are uploaded to or implemented on the Artist Portal.

 

All content can be removed from the Artist Portal by the Artist at any time. Content removed from the Artist Portal will then be removed from the App.

 

This license can be cancelled at any time by either party by deletion of the Artist’s account, via the Artist Portal, or on request.

 

 

Ownership

 

By creating an Artist account on the Artist Portal, the creator of the account declares that they are the artist that they claim to be, or that they have the legal right to represent that artist.

 

By uploading any Artwork to the Artist Portal, the Artist declares that they are the owner of the Artwork and that they own all relevant copyright (including, but not limited to, partial or total representation of other artworks or brands within the Artwork) and/or they have the legal permission to enter into a licensing agreement with Novari for distribution of that work.

 

False representation of other artist’s work as their own renders this license void and will result in immediate removal of the Artist’s. Any royalty payments made by Novari to the Artist will be owed back to Novari by the Artist in full.

 

 

Copyright and licensing

 

Novari acknowledges that the entire copyright for all of the Artist’s Artworks shall be and remain in the Artist for all purposes, except as per below.

 

By uploading their Artwork (including their Profile Picture) to the Artist Portal, the Artist grants Novari the non-exclusive rights to:

 

  • Store copies of the Artwork in Novari's databases
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  • Transfer copies of the Artwork between databases as required to support the App
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  • Make copies of the Artwork available to Users of the App.
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  • Allow Users to view the Artwork on the App
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  • Allow Users to display the Artwork on screens outside the App, via Casting.
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  • Crop, edit or amalgamate the Artwork for the purpose of creating banner images for Playlists or Series
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  • Make these edited Artworks viewable by Users
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  • Make the Artist’s Profile information available to Users of the App

 

Users have rental access to Artworks only. This applies for the duration of their subscription only. Users do not have ownership or copyright over any Artwork or Artist. In addition, Users may not:

 

  • Download or make copies of the Artwork outside the Platform
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  • Lend, rent or distribute copies of the Artwork to others
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  • Make the Artwork available to the public

 

The Artist retains copyright for all other uses and Novari will have no ownership over the Artist or the Artwork. The Artist is free to enter into separate licensing agreements

 

The Artist’s private information, including their contact details and password, will not be shared with any other party by Novari, except with the permission of the Artist.

 

 

Accurate replication of artwork

 

Artworks are only available to the User in the version uploaded to the Artist Portal.

 

Users are only able to access the Artwork via the App and cannot manipulate the Artwork directly.

 

Users are not able to adjust the colour of the Artwork via the App.

 

The Artwork is shown in its full aspect ratio throughout the App.

 

Due to the nature of different screens used by the User for Casting, the colour representation of the Artwork on various devices may vary.

 

The size of different screens may also vary, so Users are able to rotate the Artwork on screen when Casting, in increments of 90 degrees, to allow the Artwork to adjust to different screen setups.

 

Users may also adjust the background colour behind the Cast Artwork and the position of the Artwork on screen, via the Mount function in the App, to create a Mount effect and allow the Artwork to fit to different screen sizes and setups.

 

The Artwork may be manipulated (such as being cropped) when included in parts of the App such as Playlist banner images, as these may be generated by amalgamating multiple Artworks, or where required to support the User Interface, such as where part of a Playlist is off-screen.

 

 

Accreditation

 

All Artwork will be clearly credited to the Artist as the creator of the work. This includes the Artwork title and Artist name.

 

This will be done via the User Interface of the App, where Artworks are clearly associated with their respective Artist. Series created by the Artist are also clearly associated with the Artist.

 

The Artwork will be accompanied by the Artwork title, as submitted by the Artist on the Artist Portal. Changes to the title made by the Artist will be reflected throughout the App and Artist Portal.

 

When an Artwork is included in a banner image, such as for a Playlist or Series, it will not have its title or Artist name present as this is superseded by the Playlist or Series title and owner. If a User views the Playlist or Series, the Artwork will be displayed alongside its title and Artist, except where these are laid out in a purely visual format. In these cases, when the User selects the Artwork they will be taken to the Artwork page, where the title and Artist details will be displayed.

 

When an Artwork is Casting, the title and Artist name will be shown on the App and not on the screen used for Casting.

 

 

Royalties

 

Artwork uploaded onto the Artist Portal becomes eligible for royalties.

 

Royalties are paid out to the Artist when their Artwork is displayed (via Casting) by a User.

 

The amount paid is based on the User’s viewing pattern for the month. This is calculated in two stages:

 

Artist’s Pot

 

  • Each User pays a subscription fee for the month.
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  • 60% of that payment (after tax) is allocated to Artists (the Artist’s Pot).

 

Artist Allocation

 

  • The total time the User has spent Casting artwork over that month is calculated.
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  • The viewing time for each Artwork Cast by the User is calculated.
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  • The Artwork’s viewing time is calculated as a percentage of the User’s total viewing time for that month.
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  • The Artwork claims that corresponding percentage from the Artist Pot.
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  • This amount is paid to the Artist of the Artwork.

 

For example, Jess (a User) views Artwork A for 3 hours and Artwork B for 6 hours, over a month. Her total viewing time for that period is therefore 9 hours.

 

Artwork A was viewed for a third of her total viewing time, so Dan (its Artist) receives a third of the Artist’s Pot for that month. Artwork B was viewed for two thirds of the 9 hour total, so Hannah (its Artist) receives two thirds of the Artist’s Pot.

 

If an Artist does not provide valid account details to allow payment of royalties after multiple requests by Novari, after a period of 6 months, the Artist will no longer be eligible for payment for those royalties. This does not affect eligibility for future royalty payments.

 

 

Abuse and Derogatory Treatment

 

Abuse in any form will result in cancellation of the Artist’s account. We reserve the right to cancel and/or ban any Artist who acts in an abusive manner without notice.

 

Artists retain responsibility for their Artwork, its content and their actions on the Artist Portal and App.

 

We are committed to allowing Artists their full range of self expression. However we do not accept media or content (including Artwork in any format) containing or related to abuse, violence, extreme sexual content or designed to incite hatred, and we reserve the right to remove these without notice.

 

Artists and Artworks will not be subject to derogatory treatment by Novari, other Artists or Users. Any such treatment may result in a ban for the offending party. We will deal with all potential derogatory treatment on a case by case basis, so please get in touch directly.

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