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Commercial Media Requests

PHOTOS: EDAC-P

200.00

Item:  Blade archive file photo (BLADE ID: 203195) published August 12, 2001 of an elderly inmate at Hocking Correctional Facility.
Brief of Usage: For use by Klein Buendel, Inc. and Penn State University in computer based training that teaches employees of prisons to recognize and help manage issues related to aging and dying prisoners. Photo must be credited where applicable to "The Blade, Dave Zapotosky, 2001"

IMPORTANT: Please click "Additional Info" below to review/print/save The Blade's full Commercial Republication Permission Licensing Agreement specific to your request. You will agree to these terms before submitting payment.

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Additional Info

Commercial Republication Permission

Date: 2017.08.02
Company Name, Contact Name, Details, Business Address, Details:

Klein Buendel
Dr. Valerie Myers, Co-Investigator
Klein Buendel
1667 Cole Blvd.
Suite 225
Golden, CO 80401
303-5656-4343
www.kleinbuendel.com
 
Penn State
Dr. Susan Loeb, Co-Investigator
Pennsylvania State University
315B Nursing Sciences Building
University Park, PA 16802
814-863-2236

The Blade has granted permission to the company or publisher listed above for republication of the following material(s) subject to the conditions set forth below.

Item:  Blade archive file photo (BLADE ID: 203195) published August 12, 2001 of an elderly inmate at Hocking Correctional Facility.
Authorized usage: The Blade agrees to the usage rights as detailed below in Klein Buendel's Artists Agreement 0314-9601-000, agreed upon by Mary K Buendel, President of Klein Buendel, inc . Photo must be credited where applicable to "The Blade, Dave Zapotosky, 2001"

KLEIN BUENDEL, INC.

ARTIST LICENSING AGREEMENT

AGREEMENT NO: ___0314-9601-000_______

This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective JULY 24, 2017, between THE BLADE (“ARTIST”) and KLEIN BUENDEL, INC. (“CLIENT”). In the event of the ARTIST’s death or total incapacity, “ARTIST” means the ARTIST’s heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest. “CLIENT” includes the licensees, assignees, future owners, or other acquirers or successors-in-interest of Klein Buendel, Inc. including its officers, employees, agents, representatives, successors, and assigns.

Scope of this Agreement: This AGREEMENT applies to any image, graphics, digital assets, or digital images created or taken by ARTIST and delivered to the CLIENT (collectively known as “IMAGES”), as identified in Attachment A. This AGREEMENT governs the relationship between the parties and no communications or other exchanges shall modify the terms of this AGREEMENT unless agreed to in writing. This Agreement may not be amended without the written consent of both parties.

Rights: All IMAGES and rights relating to them, including copyright and ownership rights in the media in which the IMAGES are stored, remain the sole and exclusive property of the ARTIST. This license provides the CLIENT with the limited right to reproduce, publicly display, and distribute the IMAGES only for the agreed upon terms as set forth in this AGREEMENT. IMAGES used for any purpose not directly related outside of those terms must be with the express permission of ARTIST. IMAGES may contain copyright management information (CMI) at the discretion of the ARTIST in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA).

Permissions: This AGREEMENT grants a perpetual, non-exclusive, and royalty-free worldwide license to use IMAGES in connection for use with the project entitled, Enhancing Care of the Aged and Dying in Prisons (ECAD-P), and all projects in connection with the same project and all subsequent production related to the same project (the “PROJECT”). This includes unlimited commercial usage rights, barring advertising, for perpetuity.

Copyright Notice: Copyright notice in the name of the ARTIST shall not accompany the Work when it is reproduced.

Relationship of the Parties: The parties agree that ARTIST is an independent contractor and that neither ARTIST nor ARTIST’s employees or contract personnel are, or shall be deemed to be, employees of CLIENT. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this AGREEMENT. Neither party is authorized to act as agent or bind the other party except as expressly stated in this AGREEMENT. ARTIST and the IMAGES or any other deliverables prepared by ARTIST shall not be deemed a work for hire as defined under Copyright Law. All rights granted to CLIENT are contractual in nature and are expressly defined by this AGREEMENT.

Creation: The manner and method of creating any IMAGE is solely at the discretion of ARTIST; the CLIENT has no right to control ARTIST’s manner and method of performance under this AGREEMENT. ARTIST will use his/her best efforts to: (a) ensure that the IMAGES conform to CLIENT’s specifications; and (b) submit all IMAGES to CLIENT in publishable quality, on or before the applicable deadlines.

Delivery: ARTIST may select delivery of photographs in JPEG, TIFF, PNG, or other standard formats at a resolution that ARTIST determines will be suitable for the IMAGES as licensed. It is the CLIENT’s responsibility to verify that the IMAGES are suitable for reproduction. ARTIST has no obligation to retain or archive any IMAGES delivered to CLIENT.

No Exclusivity: This AGREEMENT does not create an exclusive relationship between the parties. CLIENT is free to engage others to perform services of the same or similar nature to those provided by ARTIST, and ARTIST shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by ARTIST.

Indemnification: By signing below, ARTIST confirms that he/she has obtained the necessary model or property releases, and ensures that said releases are in full effect and force and that IMAGES are available for commercial use by CLIENT.

General Law/Arbitration: This AGREEMENT sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This AGREEMEN T shall be governed, interpreted and enforced in accordance with the laws of the State of Colorado. Any claim or litigation arising out of this AGREEMENT or its performance may be commenced only in courts physically located in Jefferson County, Colorado and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this AGREEMENT, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Severability: If one or more of the provisions in the AGREEMENT is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.

Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this AGREEMENT and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this AGREEMENT.

Consent: The parties, by their signatures below, warrant that they have authority to enter into this AGREEMENT and that they consent to this AGREEMENT. This AGREEMENT may be executed in counterparts, each of which shall be deemed an original, and all counterparts and originals shall constitute one document. Electronic signatures shall be effective as originals.

Fee: $200

Conditions for this permission:

  • Fee includes obtaining materials for republication and all Blade service fees relating to republication.
  • Licensee acknowledges that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. The Blade makes no representations or warranties as to whether or not any additional payments or fees may be due as a result of republication. Licensee shall be responsible for all additional fees and payments. 

 

AUTHORIZED BY THE BLADE

Luann Sharp, Asst. Managing Editor, 2017.08.02

Luann Sharp, Asst. Managing Editor, 2017.08.02