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Copyright

  1. General
    1.1. Definitions:
    1.1.1. Author: Anita Fleerackers, further mentioned in these terms and conditions as ‘author’.
    1.2. Only the author of a work of literature or art has the right to reproduce or reproduce it in any way or in any form, directly or indirectly, temporarily or sustainably, completely or partially.
    1.3. That right includes, among other things, the exclusive right to give permission to edit or translate the work.
    1.4. That right also includes the exclusive right to give permission to rent out or lend the work.
    1.5. After the death of the author, copyright shall remain for 70 years for the benefit of the person he has designated or, if not, for the benefit of his heirs
  2. Special provisions relating to the works of graphic or visual arts
    2.1. The artwork is sold without specific restriction of the immanent rights of the transferee, nor with the transfer of copyrights other than exhibition law, in accordance with Article 9 of the Copyright Act. All other moral rights and property rights relating to authorship, such as the right to portray, remain the property of the aforementioned artist. This should be stated in the terms of sale of any further sale of the artwork.
    2.2. In order to exercise his property rights, the author must maintain reasonable access to his work. (Art.3 § 1 of the Copyright Act)
    2.3. Unless otherwise agreed, when a work of graphic or visual art is transferred to the purchaser, the right to exhibit the work as such shall be transferred, in circumstances which do not detract from the author’s honour or fame; however, the other copyrights are not transferred. (Art 9 of the Copyright Act)
    2.4. Unless otherwise agreed, the transfer of a work of graphic or visual art will result in the prohibition of making other identical copies of it. (Art 9 of the Copyright Act)
    2.5. The author or owner of a portrait or any other person who holds or holds a portrait shall not have the right to reproduce it or to inform the public without the consent of the person portrayed or, for twenty years after his death, without the consent of his assignees.
    2.6. The resale of an original work of art involving actors from the professional art trade as a seller, buyer, or intermediary, after the author’s first transfer, owes the seller an inalienable resale right, calculated on the resale price, which cannot be relinquished, even in advance.
    2.7. This section means “original work of art”, a work of graphic or visual art, such as images, collages, paintings, drawings, engravings, prints, lithographs, sculpture, tapestries, ceramic works, glassware and photographs, insofar as this work is a creation of the artist himself, or a copy classified as an original work of art.
    2.8. Copies of works of art covered by this section and made by the artist himself or in limited edition by the artist himself or in his assignment shall be considered as original works of art within the meaning of this section. Such copies are, as a rule, numbered, signed or otherwise marked as authentic by the artist.
    2.9. However, the resale right shall not apply to a resale in which the seller obtained the work directly from the artist less than three years before resale and the resale price is not a maximum of EUR 10,000. The burden of proof that these conditions have been met rests on the seller.
    2.10. By not respecting copyright law, the owner of the artwork can expose himself to both civil and criminal prosecution.
  3. An order is only binding if it is expressly accepted by the author in writing. Cancellation of the order can be done up to 8 days after the order is placed. Any advances paid will not be refunded in that case.
  4. Works of art shall be delivered within the time specified in the contract. Works of art remain the property of the author until full payment of principal, costs and interest. Nevertheless, the risks of loss or destruction of the artwork sold will be borne in full by the buyer from the moment of sale of the artwork.
  5. The buyer must ensure that the works of art can be delivered and installed by the author in a normal manner at the agreed place and time, and thus, among other things, ensure the accessibility of the delivery place. If this is not complied with, the purchaser shall be obliged to compensate all damages, including waiting hours, preservation costs and costs for the preservation of the item, on behalf of the author.
  6. The buyer must immediately inspect the artwork delivered. Any defects must be reported to the author by registered mail as soon as possible and at the latest 8 calendar days after delivery. After that period, the author shall only be liable for hidden defects that render the work of art unfit for the use for which it is intended and to the extent that the author knew or should have known of the defects. The buyer shall notify the author of the existence of the hidden defect by registered letter with a detailed description of the defect at the latest within 8 calendar days, after the discovery of the hidden defect. Complaints for hidden defects do not suspend the buyer’s payment obligation.
  7. With the exception of that described in the previous article, the author shall not be liable for any compensation whatsoever, directly or indirectly resulting from works of art supplied or sold by her, except in the case of gross fault or intent. The author’s liability is limited in all respects to the invoice value of the works of art delivered. In no event shall the author be liable for any indirect damages such as, but not limited to, loss of revenue, loss of contracts, cost of capital, limitation of return or any other loss or consequential damages whatsoever, whether to the purchaser or third parties. The author bears no responsibility for the error of appointees, even in the case of intentional or gross misconduct. In the latter case, the buyer should address the appointee directly.
  8. Unless expressly agreed otherwise in writing, the invoice is payable within 30 calendar days of the invoice date. In case of non-payment of all or part of the price, the outstanding amount will be increased by right and without any notice of default, by an annual interest of 8% and a fixed compensation of 10%, with a minimum of 40 EUR. Any non-payment shall entail the claimability of the outstanding invoices and shall entitle the seller, after notice of default, either to suspend any future deliveries or to rescind the agreement, without prejudice to the right to compensation.
  9. If the buyer fails to fulfill his contractual obligations, the author shall be entitled, after notice of default, either to suspend his obligations or to terminate the agreement without judicial intervention, if the notice of default is not acted upon or not usefully acted upon within eight working days, without prejudice to the right to compensation.
  10. All our agreements are governed by Belgian law, including Laws of April 10 and 19, 2014 inserting Book XI, “Intellectual Property” into the Code of Economic Law, and inserting provisions specific to Book XI into Books I, XV and XVII of the same Code.
  11. All disputes and controversies arising under this agreement shall be subject to the exclusive jurisdiction of the courts of Turnhout, Belgium.
  12. Language: The provisions of the Copyright shall be interpreted and construed exclusively in Dutch. All notices and correspondence will be written in that language only.

Copyright provisions last updated March 17, 2019

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