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
- 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.
- An order is only binding if it has been explicitly accepted by the author in writing. An order may be cancelled up to 8 days after it has been placed. Any advances paid will not be refunded in this case.
- Works of art shall be delivered within the period stated in the agreement. Works of art remain the property of the author until full payment of the principal, costs and interests. Nevertheless, the risks of loss or destruction of the sold work of art shall be borne entirely by the buyer from the moment of sale of the work of art.
- The purchaser shall 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 place of delivery. If this condition is not met, the purchaser shall be obliged to reimburse the author for all damages, including waiting times, storage costs and costs of preservation.
- The purchaser must immediately inspect the works of art delivered. Any defects shall be reported to the author by registered letter as soon as possible and no later than eight calendar days after delivery. After that period, the author shall only be liable for hidden defects which render the work of art unsuitable for the use for which it is intended, in so far as the author was aware or ought to have been aware of such defects. The purchaser shall inform the author of the existence of the hidden defect no later than eight calendar days after its discovery by means of a registered letter with a detailed description of the defect. Complaints on account of hidden defects shall not suspend the purchaser’s payment obligation.
- With the exception of what is stated in the previous article, the author shall not be liable for any damages whatsoever resulting directly or indirectly from works of art delivered or sold by him, except in the case of gross negligence or wilful misconduct. The liability of the author shall in any case be limited to the invoice value of the delivered works of art. Under no circumstances shall the author be held liable for any indirect damage, such as, but not limited to, loss of income, loss of contracts, capital costs, reduction of returns or any other losses or consequential damage, whether suffered by the buyer or a third party. The author shall not be liable for any fault on the part of any of his employees, even in the case of wilful intent or gross negligence. In the latter case, the purchaser shall directly address the appointee.
- Unless explicitly agreed otherwise in writing, the invoice is payable within 30 calendar days of the invoice date. In the event of non-payment of all or part of the price, the outstanding amount shall, ipso jure and without any notice of default being required, be increased by annual interest of 8% and a fixed compensation of 10%, with a minimum of EUR 40. Each non-payment results in the claimability of the outstanding invoices and entitles the seller, after notice of default, either to suspend any future deliveries or to dissolve the agreement, without prejudice to the right to compensation.
- If the purchaser does not fulfil his contractual obligations, the author shall be entitled, after notice of default, either to suspend his obligations or to rescind the agreement without judicial intervention, if the notice of default is not acted upon within eight working days, without prejudice to his right to claim damages.
- All our agreements are governed by Belgian law, including the Laws of 10 and 19 April 2014 inserting Book XI, “Intellectual Property”, into the Economic Code, and inserting provisions specific to Book XI into Books I, XV and XVII of the same Code.
- The courts of Turnhout (Belgium) have sole jurisdiction for all disputes and litigation arising in connection with this agreement.
- Language: The provisions of the Copyright Act shall be interpreted and construed exclusively in Dutch. All notices and correspondence shall be written exclusively in that language.
The provisions of the Copyright Act were last updated on 17 March 2019