What are the artists rights after a work is purchased?
ARTIST'S RIGHTS:
a. Copyright and Right to Credit. The Artist reserves to
himself all rights of
reproduction and all copyrights in the Work, the preliminary
design, and any
incidental works made in the creation of the Work. Copyright
notice in the name
of the Artist shall appear on the Work, and the Artist shall
also receive
authorship credit in connection with the Work, in the
following form: Copyright,
Artist's name, All Rights Reserved, date, in such a manner
and location as shall
comply with the U.S. Copyright Law. The Artist agrees to
give a credit
substantially in the following form, in any public showing
or reproduction of
the Work: Original owned by _______________________
b. Right to Possession. The Artist and the Purchaser agree
that the Artist shall
have the right to show the Work for up to sixty (60) days
once every five (5)
years at no expense to the Purchaser, upon written notice
not later than ninety
(90) days before opening of show and upon satisfactory proof
of insurance. All
costs incurred from door-to-door are the responsibility of
the Artist.
c. Nondestruction/Alteration. The Purchaser agrees that
he/she will not
intentionally destroy, alter. damage, modify, or otherwise
change the Work in
any way whatsoever, without the Artist's written permission.
d. Repairs/Maintenance. The Purchaser shall be responsible for
the proper
cleaning, maintenance, and protection of the Work in its
possession, if on loan
or otherwise exhibited, notwithstanding anything contrary
herein. The Artist
shall provide the Purchaser with a Statement of Maintenance
(Attachment A). All
repairs and restorations made during the Artist's lifetime
shall have the
Artist's written permission. The Artist shall be consulted
as to his/her
recommendations with regard to all such repairs and
restorations, and will be
given the opportunity to accomplish said repairs and
restorations, for a
reasonable fee. If Purchaser and Artist cannot agree
regarding repairs, then the
Purchaser may accomplish such repairs as he/she deems
necessary. In that event
the Work will no longer be represented as the Work of the
Artist without his/her
written permission.
e. Resale of Work. If the Purchaser later sells or transfers
the Work, the Artist shall obtain from the new purchaser or transferee a
binding undertaking to observe all of the provisions of this Agreement in the
interest of the Artist. The Artist shall be given the new owner's name and
address. For the purposes of this agreement, appreciated value
shall mean the sales price of the artwork less the original
purchase price as
stated in this agreement.
The artist or kin of the artist will be granted 40% of
profits from any resale of the work.
g. Moral Right. The Purchaser will not permit any use of the
Artist's name or
misuse of the Work which would reflect discredit on his/her
reputation as an
artist or which would violate the spirit of the Work.
8. WARRANTY: The Artist warrants that the design being
purchased is the original
product of his/her own creative efforts. The Artist warrants
that unless
otherwise stipulated, the Work is unique, that it is an
edition of one (1), and
that it has not been accepted for sale elsewhere.
9. NOTICES AND CHANGES OF ADDRESS: All notices shall be sent
to the Artist