City Council Agenda and Packet 2024 01 02

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to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, including, but not limited to, reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a professional manner and not to market goods or services. Artist, however, may use photographic reproductions of the Work in its portfolio, in critical and scholarly writings, or for non-commercial purposes, including reproductions used in advertising brochures, media publicity, and catalogues or other similar publications. 14.3 Any two-dimensional reproduction by the City shall contain a credit to Artist and display a copyright notice. Artist shall use its best efforts to give a credit reading substantially, "an original work owned and commissioned by the City of Louisville," in any public showing of the Work or reproductions thereof. 14.4 Artist shall place a copyright notice on the Work that informs the public that the Work is protected by copyright, identifies the copyright owner, and shows the year of first publication. If the copyright is registered with the U.S. Copyright Office, the Artist shall provide the City with the Copy of the application for registration, the registration number, and the effective date of the registration. 14.5 To the extent the uses, modification, destruction or removal of the Work under this Agreement affect any rights Artist may have under the provisions of federal or state law, including the 1990 Visual Artists' Rights Act under 17 U.S.C. §106A(a) and §113, the Artist hereby knowingly waives any rights provided by those laws. 14.6 Artist shall have the right of first refusal to any sale or donation of the Work during the ten (10) years following the Final Payment. Such right of first refusal shall be exercised by written notice to the City within thirty (30) days of written notification by the City. If the Artist elects to exercise its right of first refusal, it shall pay all costs associated with removal of the Work as set forth in Section 16.2, below. If the City decides to donate or sell the Work, the donee or buyer of the Work will take the Work subject to all of the Artist's rights as stated herein. The donee or buyer shall be given a copy of this executed Agreement at the time of the donation or sale. The City will endeavor to notify the Artist of such donation and sale and of the identity of the donee or buyer. In the event the Artist does not exercise the right of first refusal, the City may proceed to sell or donate the Work. 15.0 DELIVERY & INSTALLATION 15.1 Artist shall securely crate and ship completed Work to the location designated in the Scope of Work. Artist shall communicate with the City via email or phone before scheduling delivery and installation. City will instruct the Artist as to when the City ready to receive the Work. The Artist is responsible for uncrating and installing the Work. Artist shall obtain a permit from the City for the installation work. During the permitting process, Artist shall describe the installation of the Work, including the area needed for staging equipment, the equipment that will be brought onto the site, the proposed date of installation commencement, the period of time Artist will be on site to complete the installation, and whether and how pedestrian and/or vehicle traffic will need to be restricted. 19