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FINE ART PRINT REPRODUCTION LICENCE AGREEMENT

THIS AGREEMENT is

BETWEEN Jean van der Meulen of 1 Sunset Crescent, Pinelands, Cape Town, South Africa (hereinafter called “the Artist”) of the one part

AND the Print License(s) Purchaser (hereinafter called “the Licensee”) of the other part

WHEREAS:

  1. The Licensee operates a business selling high quality reproductions of original works of art or a private individual purchasing a image reproduction licence for their personal use.
  2. The Artist is the creator of original works of visual art and is willing to licence the reproduction of certain artworks to the Licensee on the terms herein contained.

IT IS HEREBY AGREED as follows:

Single-use Print Licence

  1. The Artist hereby grants to the Licensee a Single-use Fine Art Print Licence for the quantity of Print License(s) purchased (number) to do any and all of the following things in relation to the digital works of art (Fine Art Print Files) downloaded from jeanvdmeulen.com or jeanvdmeulen.co.za hereto (“the Artworks”):

        1.1.    To reproduce the Artworks as part of the Licensee’s inventory, in the manner described in clause 2 below.

        1.2.    To advertise for sale and to sell such reproductions to the public.

  1. The Artist acknowledges that, the Licence herein being a Single-use Print Licence, the Artist shall refrain from appointing another agent or third party to exercise any of the rights hereby granted in respect of the Artworks.

Manner of Reproduction

  1. All reproductions for sale shall be High Resolution Metal Prints or Giclee onto printing canvas, stretched canvas or archival paper. All such reproductions shall be in full colour or monochrome as per the digital Artwork file, and shall be full size. The Licensee shall however be at liberty to make and publish (including on their website) reduced size copies of the Artworks for the purpose only of advertising the sale of the reproductions. In the case of online advertising, the copies shall be low resolution copies.

Intellectual property

  1. The ownership of the original Artworks, and the copyright therein shall remain vested in the Artist, subject to the terms of this Agreement. No rights in the Artworks, other than those herein licensed, shall be exercised by the Licensee.

The Territory

  1. The rights hereby granted may be exercised by the Licensee in any part of the world.

The Term

  1. This agreement remains valid while there are still Single-use Print Liscence(s) purchased by the Licensee that have yet to be printed.

Obligations of the Licensee

  1. The Licensee shall purchase a print license from the Artist for every print reproduction made of the Artwork. The quantity of print licenses purchased from the Artist’s website determines the number of reproduction prints that can be made per digital image file download.

Sale Price

  1. The Licensee shall be at liberty to fix the sale price of the reproductions.

Royalties

  1. As the Artist earns their commission from Print License(s) sold, no Royalties are payable.

Warranty and Indemnity.

  1. The Artist warrants that he or she is the creator of the original Artworks; that all rights, including the copyright, in the said works are vested exclusively in the Artist; that the Artist has full right and authority to enter into this Agreement; and that the use of the Artworks in the manner envisaged by this Agreement will not to the knowledge of the Artist infringe the rights of any third party.

Moral Rights

  1. The Licensee undertakes to respect and observe the Artist’s moral rights of paternity (the right to be identified as the creator of the work) and integrity (the right to preserve the work from derogatory mutilation and distortion.

Termination

  1. This Agreement terminates automatically in the event of a material breach of the terms hereof by the Licensee. On termination of the agreement, all rights granted under this agreement will end. The Licensee shall promptly discontinue their use of the Artwork and may no longer reprint or distribute the Artwork.

    Any unauthorized use of digital images supplied by the Artist by any person or entity, for any reason, will render the Licensee responsible and liable to the Artist for the appropriate compensation and other costs, regardless of whether the Licensee has profited or is responsible for such unauthorized use.

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