Licensed Content Agreement
Upon entering your electronic signature [in the space provided as prompted], you ("Licensor") are entering into a binding agreement with TROPOS LM Studio, a private organization created by the artist, Lesia Mokrycke ("Licensee" or the "Organization") to license the images (still or video), texts, and/or stories which you are submitting or uploading (collectively, the "Licensed Content") as supplied either by the Licensor directly and through the archives of Licensor, which it owns and controls. The Licensed Content will be used to develop content for a multi-sited artwork dedicated to TROPOS' mission of raising awareness around urban deforestation, habitat loss, biodiversity, and the enhancement of the urban forest.
All works in this series are created for educational, cultural, and scientific purposes.
Tentatively titled "Building Conservation Networks” and "Monument Trees" (the "Artwork"), will exist in various art mediums including, by way of illustration and not limitation, video, site-specific installations (such as environmental interventions, sculptural works, media installations, sound works, interactive and digital works), temporary art installations (traveling exhibitions, digital LED photography works), broadband, and print at select scientific, museum, or municipal institutions, a website, and as a book (the "Project").
USE OF INFORMATION (CITY OF HAMILTON)
Upon entering your information into the Monument Tree Project in the form of text, images, and stories which you are uploading (collectively, the “Licensed Content”), you are contributing to a city-wide inventory of heritage trees created by the artist “Lesia Mokrycke” for educational and scientific purposes. Upon completion, the “Monument Tree Project” in the form of spatial (GIS) data, will be shared with the City of Hamilton, both Cultural Heritage Planning and Natural Heritage Planning. Staff will include this data in the City’s interactive internal mapping (with no public access) for reference as part of the department’s daily work.
For Cultural Heritage staff, the location of Monument Trees will help inform property evaluation and other heritage study work for determining cultural heritage value or interest. In particular, potentially significant natural heritage resources on properties that may contribute to the heritage value worth recognizing and conserving. From the Natural Heritage perspective, this data will be used by staff when reviewing development applications to flag potentially significant trees that should be considered and protected. The Monument Tree data will also be helpful in the future if a city-wide private tree by-law is proposed, illustrating the concentrations and number of significant trees located across the City on private property.
We are committed to providing measures that respect and value your privacy. This statement summarizes the privacy practices that apply when your online information is contributed to the Project (“Monument Trees”).
The collection, use, and disclosure of personal information by the public in relation to this Project is being gathered by TROPOS for educational and scientific purposes to determine the location of sensitive ecological systems and groups of pre-settlement trees throughout the City.
This information includes geospatial data, location of significant trees, address, and tree statistics (circumference, age, health) and is being collected to assist with determining the health of the urban canopy. Identifying information such as personal names is not required to participate in this project. Any identifying information collected, such as addresses and geospatial locations of trees, is for educational and scientific purposes and will not be shared with third parties or used for any other purpose outside of identifying trees in this project.
Personal information that is submitted as part of this Project is voluntary and will not be used by the City of Hamilton or other personnel for any other purposes beyond those outlined by the City of Hamilton above.
Promotional, educational, or informational use of the Licensed Content (“Monument Trees Project”) is granted so long as it is in context and specifically related to the Artwork or Monument Trees Project. This includes purposes of criticism, review or news coverage, satire or parody, or the limited use of small portions of a work for educational uses. In all cases, the work must be fully credited to the source and the name of the creator and requested in writing prior to the use of Licensed Content.
Artworks produced under the copyright of TROPOS LM Studio require a request in writing for appropriation, use by a cultural or educational institution, or publicity purposes. In accordance with national copyright standards, clear accreditation must be included in all instances, including the Artist's name (Lesia Mokrycke) and funder information (Canada Council for the Arts).
LICENSING TERMS (FOR PUBLIC CONTRIBUTION TO THE PROJECT)
(1) GRANT: Licensor grants to Licensee, its employees, agents, contractors and assigns, subject to the terms and conditions hereof, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license to (a) print, publish, reproduce, distribute, display, transmit, disseminate and perform the Licensed Content in any medium, (b) make derivative works from the Licensed Content for purposes of editing and/or preparing compilations in print publications and electronic publications, (c) use Licensor's name, likeness and the Licensed Content or any portion thereof in connection with What Is Missing? and (d) otherwise incorporate the Licensed Content in Licensee's Artwork, Project (and in any related advertising and promotional material) used in connection with its mission. You further grant the Foundation or its designee the right to sublicense others to print, publish, reproduce, distribute, display, transmit, disseminate, perform and prepare derivative works of the Licensed Content in furtherance of, and solely as it relates to, the foregoing license. The profits, if any, derived from any such uses will go to support the Foundation in carrying out its mission.
(2) LICENSE TERM: In perpetuity.
(3) TERRITORY: Worldwide.
(4) MEDIA: As set forth above or as may be developed in the future in connection with the above uses as part of the Artwork or the Project.
(5) LICENSE FEE: In view of the fact that "Building Conservation Networks" is dedicated to educational and scientific purposes without private inurement, Licensor agrees to grant the license for the Licensed Content for the uses set forth herein at no charge to Licensee.
(6) WARRANTIES: Licensor represents and warrants that it has the full right and power to enter into this agreement, and that Licensee's exercise of the rights granted to it shall not violate any rights of any third party; and that Licensor will hold harmless Licensee, its officers and directors, from all claims resulting and breach by Licensor of the representation and warranties made herein. Licensor represents and warrants that it is the sole author and/or owner of the Licensed Content; that the Licensed Content is original and not copied in whole or in part from any other work; that the Licensed Content is not libelous or defamatory; and that, to the best of its knowledge, the Licensed Content does not, and publication of the Licensed Content by the Foundation or its designee will not, violate or infringe the right of privacy or publicity, or any other right, of any person, firm or entity. Licensor agrees that, upon request, it will provide pertinent source materials to the Foundation for the purpose of pre-publication review for accuracy and libel or in the event of any legal action arising from the Licensed Content's publication.
Building Conservation Networks is being developed with funding from the Canada Council for the Arts. This project focuses on raising awareness about the urban forest through art and design, with future urban restoration zones planned as a key part of this work. Research gathered as part of this project is for educational, cultura and scientific purposes.
General Copyright and Visual Arts Rights in Canada
Canadian Artists Copyright is protected in Canada under CARFAC and CARCC (Canadian Artists Representation Copyright Collective). Together both organizations play equal roles in the management of Copyright Visual Arts – Droits d’auteur Arts Visuels to further their commitment to the payment of royalties to artists for the use of their copyrights. As an organization, Copyright Visual Arts negotiates and issues licenses that allow the legal use of affiliated artists’ works.
Please see the CARFAC-RAAV Fee Schedule homepage for further information on licensing practices in Canada.
AUTHOR’S RIGHTS AND COPYRIGHT
In the language of the Canadian Copyright Act, visual and media artists are “authors of artistic works”, to distinguish them with authors of musical works, literary works, etc.. Visual and media artists are therefore, basically, authors. The expression “Authors’ Rights” is used internationally because it covers the full scope of the rights creative artists hold on their work, such as the Exhibition, Reproduction, or Telecommunication rights, as well as the moral rights.
It is always recommended that licenses state that the user of a work obtain authorization, prior to the issuance of a license, for any alteration of a work as represented (changes of colour, proportions, cropping, over-printing of text, and so on). Any alteration permitted is subject to approval by the artist prior to final production. Any user wishing to associate a work of art with a social or political cause, a product, a service, or an institution must obtain special authorization in writing by the artist. These requirements refer to a moral right, outlined in the Copyright Act. Moral rights rest with the artist unless a written waiver has been provided.
LICENCE TO USE AN ARTIST’S COPYRIGHT
In accordance with the principles of Canadian copyright law, all public exhibitions and all reproductions (whether in whole or in part) of a work created by an artist must be authorized, ideally in writing. Written authorization is a license. All unauthorized (unlicensed) uses are in contravention of the law. Licenses do not transfer ownership of a work, nor do they transfer copyright. Licenses define the limits of what a user may do with a work of art. CARFAC and RAAV generally recommend that artists or their authorized agent(s) negotiate non-exclusive licenses, so that the artist (and their agent, as applicable) retain all rights outside those granted by the license.
Crediting an artist for the use of a work is a requirement included as a moral right, the right of paternity, in the Copyright Act. All uses of any work by any artist must be credited in some form, unless the artist has waived the right, in writing. Licenses should require that each reproduction or exhibition of a work by an artist be accompanied by a notice containing the following information:
Title of work, year of creation © Artist name – year license issued
Such accreditation must appear in the immediate proximity of the reproduction and/or exhibition of the work or, if inappropriate, in the index of illustrations in a book or catalogue indicating the page on which the reproduction occurs. Failure to include the information in an integral and legible manner may result in legal action.
TRANSFER OF OWNERSHIP OF A WORK DOES NOT MEAN TRANSFER OF COPYRIGHT
When a work of art is purchased, or acquired by gift, the new owner is not the owner of copyright in the work, unless there is a signed agreement that transfers copyright from the creator to the new owner. Owners of works of art who do not hold copyright must negotiate uses such as reproductions or exhibitions with the artist or their agent.
FAIR DEALING AND APPROPRIATION
The Copyright Act does not define the concept of Fair Dealing, which means that infringement does not occur when a work is copied for certain limited purposes. Courts would look carefully at cases involving disputes over Fair Dealing to determine whether infringement has occurred. Fair Dealing includes copying for private study or research, for purposes of criticism, review or news coverage, satire or parody, or the limited use of small portions of a work (sometimes called incidental uses). Any claim for a fair dealing exception for educational uses should be carefully examined as to the fairness of the proposed use. In all cases the work must be fully credited as to the source and the name of the creator.
Some artists create works by using the works, or part of works, created by other artists. This type of use, commonly called “appropriation” requires an authorization from the artist and/or rightsholder. A violation of this rule may result in a legal recourse.