Intellectual Property Terms of Service Agreement
Intellectual Property Terms of Service Agreement for
FIK ART & STUDIO
Effective Date: 01-01-2025
This Intellectual Property Terms of Service Agreement ("Agreement") governs the ownership, licensing, and use of intellectual property rights related to art created by the artist Viktor van der Weegen ("Artist") including his the alter ego “FIK” or “FIK ART” and the studio “FIK ART STUDIO”.
1. Ownership of Artwork
a. Original Artwork: The Artist retains all rights, title, and interest in and to any original artwork created by the Artist ("Artwork"). This includes all copyrights, trademarks, and other intellectual property rights associated with the Artwork.
b. Commissioned Work: In the case of commissioned work, ownership of the Artwork remains with the Artist unless otherwise agreed upon in writing between the Artist and the commissioning party.
2. License to Use Artwork
a. Non-Exclusive License: Subject to the terms of this Agreement, the Artist grants a non-exclusive license to use the Artwork to the purchaser ("Purchaser") for personal, non-commercial purposes.
b. Restrictions: The Purchaser may not reproduce, distribute, modify, or create derivative works based on the Artwork without the prior written consent of the Artist.
c. Commercial Use: For any commercial use of the Artwork, including but not limited to reproduction, distribution, or display for sale, the Purchaser must obtain express written permission from the Artist and may be required to pay additional licensing fees.
3. Copyright Notice
a. Artist's Rights: The Artist reserves the right to display, reproduce, distribute, and otherwise use the Artwork for promotional and marketing purposes, including but not limited to online galleries, social media, and print publications.
b. Copyright Notice: The Artist retains all copyright and other proprietary rights in and to the Artwork. The Purchaser agrees to include a copyright notice crediting the Artist on any reproductions or displays of the Artwork.
4. Moral Rights
a. Attribution: The Purchaser agrees to provide proper attribution to the Artist whenever the Artwork is displayed or reproduced, including the Artist's name and, if applicable, the title of the Artwork.
b. Integrity of Artwork: The Purchaser agrees not to modify or alter the Artwork in a way that would prejudice the reputation or honor of the Artist.
5. Transfer of Rights
a. Assignment: The Purchaser may not assign or transfer any rights granted under this Agreement without the prior written consent of the Artist.
b. Resale: If the Purchaser sells or transfers ownership of the Artwork to a third party, the terms of this Agreement shall apply to the new owner, and the Artist's rights and restrictions shall remain in effect.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
7. Entire Agreement
This Agreement constitutes the entire understanding between the Artist and the Purchaser regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations, and understandings, whether oral or written.
8. Contact Information
If you have any questions or concerns about this Agreement, please contact the Artist at info@fik-art.com.