Artist Lawrence Omeenyo is a painter, sculptor and elder of the Lockhart River Community. He works through the Lockhart River Arts Centre. After Arts Law had worked with the Lockhart River Art Centre drafting wills for their artists, Arts Law decided to approach the art centre to see if it was possible to license one of the artist's images for Arts Law's 2010 Christmas card.
Arts Law emailed the art centre asking if this might be possible. Lockhart River Arts Centre then sent Arts Law some thumbnail images to choose from. Arts Law having chosen one of Omeenyo's “strong heart” images then rang the art centre confirming both the image it wanted to use and discussed the cost for using it for this one-off purpose. Arts Law then sent the following email confirming the arrangement:
As discussed on the phone today, Arts Law would like to licence one of Lawrence’s strong heart images for Arts Law’s Christmas card for 2010. We will pay a licence fee of $X. It will be reproduced in colour on 500 cards to be sent to pro bono lawyers, funders and our other supporters. We are happy to profile Lawrence and Lockhart River Art centre on the card. Once I have chosen the image (thumb nails to be sent by you), then you can ask your accountant to invoice us for $X.
Lockhart River Arts Centre then sent the following email confirming the agreement:
Thank you for choosing a Lockhart River Artist for your Christmas cards
I am writing to confirm that receipt of $X from Arts Law by Lockhart River Arts represents permission for Arts Law to use the image
Artist Lawrence Omeenyo
Title She has strong heart
Size medium Arylic on Cotton Canvas
78 x 69
Permission is for a run of 500 christmas cards. Usage beyond this will need further written permission
The copyright of the image remains the property of the artist at all times.
Would you kindly send us two cards, one for the centre to archive and one for the artist
Arts Law then responded agreeing to the other matters addressed in the art centre's email so the agreement was concluded. This case study illustrates a very simple licensing arrangement where the conditions of the licence were agreed through a telephone call and an exchange of emails. It would also have been possible to use a more formal arrangement such as Arts Law's sample agreement, Image Reproduction Licence for a Publication.
Further resources you might find useful: