COPYRIGHT LICENSE AGREEMENT
Copvri2ht License A2reement
Copyright License made and entered into as of this ~~ay of November,
2006 by and between Demetz Art Studio S.r.L., an Italian corporation with an office
and place of business at Plaza San Durich, 5, 39046 Ortisei, Italy ("Demetz"); and, the
City of Clearwater, Florida, an incorporated municipality having an office address of
112 S. Osceola Avenue, Clearwater, FL 33756 ("Clearwater").
WHEREAS Demetz created an original sculptural work entitled The
First Greek in America, which is also known as Theodoros Greco, The First Greek
(Hellene) in America (the "Work") and made a full size bronze statue of the Work for
Mr. John Mazzolini who sold the statue to the Panhellenic Federation of Florida
("Donor"), who later donated the statue to Clearwater; and,
WHEREAS Demetz warrants and represents that it owns the entire right,
title and interest in and to the Work and its corresponding Copyright Registration No. VA
1-342-687; and,
WHEREAS, Clearwater has, through the above referenced conveyances
obtained ownership of the statue donated to it and desires to obtain a limited license to
make, use and sell two-dimensional pictures of the Work in connection with various
materials including but not limited to: (i) postcards; (ii) calendars; (iii) promotional
materials; and/or (iv) advertising materials in order to promote tourism in Clearwater;
and,
WHEREAS, the limited license does not grant Clearwater any rights to
manufacture, distribute and/or sale any three-dimensional replicas of the Work in the
form of a sculpture in any size.
NOW, THEREFORE, for valuable consideration, the receipt of which is
hereby acknowledged, the parties hereby agree as follows:
1) The above-mentioned "WHEREAS" clauses are hereby ratified,
incorporated herein and confirmed as being true and correct.
2) Demetz hereby grants Clearwater, its successors and/or assigns a non-
exclusive U.S. license, in perpetuity, to use photographic and other
depictions of the Work in connection with making, using and selling
various two-dimensional materials including but not limited to: (i)
postcards, (ii) calendars; (iii) promotional materials; and/or (iv)
advertising materials in order to promote tourism of Clearwater.
3) Demetz specifically retains all other ownership and copyJight rights in
and to the Work. This license specifically excludes Clemwater from
making, using or selling any three-dimensional reproductions of the
Work in any size, such as for a key ring or souvenir statue.
4) Demetz acknowledges that while the City of Clearwater will be the
owner of the derivative copyright rights in and to the published
materials incorporating the Work, or a portion of the Work, Clearwater
will not gain any rights to the Work, other than the rights being
granted herein.
EXECUTED as of the day and year first written above:
DEMETZ ART STUDIO S.r.L.
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By:
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Countersigned:
CITY OF CLEARWATER, FLORIDA
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llham B. Home II
City Manager
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'Frnllk V. Hibbard
Mayor
Approved as to form:
Attest:
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Assistant City Attorney
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Cynthia E. Goudeau
City Clerk