Reso 2021-3256 - Laserfiche WebLink

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royalty the Artist shall receive. Article 7. Artist's Rights 7.1 General a. The Artist retains all rights under state and federal laws including §106A of the Copyright Act of 1976. b. The City agrees that it will not intentionally alter, modify, change, destroy or damage the Artwork without first obtaining permission from the Artist, which permission shall not be unreasonably withheld. The City further agrees to take reasonable measures to protect the Artwork from distortion, mutilation, or modification that would prejudice the Artist's honor or reputation, pursuant to the Federal Visual Artists' Rights Act. c. If any alteration or damage to the Artwork occurs as a result of the gross negligence of the City, or any other cause that the City is unwilling to have repaired, the Artist shall have the right to disclaim authorship of the Artwork in addition to any remedies he/she may have in law or equity under this Agreement. Upon written request by the Artist, the City shall remove the identification plaque and all attributive references to the Artist at its own expense within thirty (30) days of receipt of the notice. No provision of this Agreement shall. obligate the City to alter or remove any such attributive reference printed or published prior to the City's receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Artwork. 7.2 Alteration of Site or Removal of Artwork The City shall notify the Artist of any proposed. significant alteration of the Site that would affect the intended character and appearance of the Artwork. The City shall consult with the Artist in the planning and execution of any such alteration. The City shall make a reasonable effort to maintain the integrity of the Artwork. The City agrees not to arbitrarily remove or relocate the Artwork without first obtaining the Artist's express permission to do so. The Artist shall not unreasonably withhold approval of removal or relocation of the Artwork. Should the Artist agree to such removal or relocation of the Artwork, the Artist shall provide the City with written handling instructions. In the event that the Artist is deceased or unable to otherwise give his consent, the then current holder of the copyright of the Artwork shall not unreasonably withhold permission, keeping in mind the intentions of the Artist at the time of commission and fabrication. The Artist, or then current holder of the copyright of the Artwork, shall provide the City written notice of a copyright transfer or copyright assignment affecting the Artwork. Article 8. Artist as an Independent Contractor The Artist agrees to perform all Services under this Agreement as an independent contractor and not as an employee of the City. The Artist acknowledges and agrees that the Artist shall not hold himself out as an authorized agent of the City with the power to bind in any manner. The Artist shall provide the City with the Artist's Tax Identification number and any proof of such number as requested by the City. Hl-