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.