Filed with the registry of the District Court in Leeuwarden, on October 10, 2012 under number 120-2012 – which also includes an Extract from the Dutch Copyright Act 1912, relating to visual arts. Publisher: Foundation for the Professional Organization of Artists (BOK). Copyright BOK Foundation – 2012
N.B. Different conditions apply to the Webshop Prints.
See Terms and conditions shop.
1. General Provisions
1.1 The client is the person who buys any form of art, or orders its manufacture or enters into an agreement with one or more artist(s), with the aim of acquiring ownership, trading, lending or borrowing of works of art. to be made public, is referred to in these terms of delivery as the buyer/client.
1.2 The artist is the person who professionally performs and supplies any form of art.
1.3 These terms and conditions of delivery apply to the conclusion, content and fulfillment of all agreements concluded between the client and the artist, with the exclusion of purchase or other conditions of the client.
2.1 Quotations are without obligation and are valid for 2 months. Quotations may undergo changes due to an unforeseen change in the work, increases in material prices and/or wages of third parties at the work. The rates and offers mentioned do not automatically apply to future assignments.
2.2 The artist’s quotations are based on the information provided by the client. The client guarantees that he has provided all essential information for the design, execution and completion of the assignment in a timely and truthful manner.
2.3 Prices do not include copyright.
3. Purchase and/or Order Confirmation
3.1 Purchases/orders must be mutually confirmed in writing or by e-mail, stating the agreed price, the content of the purchase/order and the delivery term.
3.2 If the client fails to provide this confirmation, but nevertheless agrees that the artist will start executing the assignment, the content of the quotation will be deemed to have been agreed. Further oral agreements and stipulations are only binding on the artist after they have been confirmed by the artist in writing or by e-mail.
3.3 If, after an order for a price calculation and quotation for a work of art yet to be executed, the order for execution and delivery is not forthcoming for more than a month, the artist is entitled to charge the costs of the research, sketches and price calculation to the buyer/client. within 30 days of the date of the written quotation.
3.4 If the purchase/order confirmation is only made unilaterally by the artist and the buyer/client does not object to it within 8 days, the content of this confirmation will be binding on the parties and legally valid. 3.5 The buyer/client and the artist undertake to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the agreement. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.
4.1 The artist must inform the buyer/client in advance of the delivery conditions to be set by him.
4.2 The artist will make every effort to carry out the assignment carefully and to strive for a result acceptable to the client. Insofar as necessary, the artist will keep the client informed of the progress of the work.
4.3 A term specified by the artist for the completion of the work of art is indicative, unless the nature or content of the agreement shows otherwise. In the event that the specified term is exceeded, the client must give the artist written notice or e-mail notice of default.
5. Sketching and Designing
5.1 If the buyer/client requires a variant of the first design, i.e. one or more new designs, these additional activities will be charged to him separately.
5.2 All designs and sketches remain the intellectual property of the artist, with the exclusive right to publication and exploitation. Designs also remain his material property, unless expressly agreed otherwise. The artist supplies his designs and sketches solely to give an impression of a work of art yet to be delivered or to be performed, accompanied by a written estimate of the implementation costs.
6. Execution by third parties
6.1 The artist has the right, insofar as this is required for the proper execution of the agreement, to have the assignment partially executed by third parties. The artist will only do this after consultation with the client.
6.2 If the technical execution of a certain work of art has to be partly or wholly realized by third parties, the artist who received the order to deliver the entire work is obliged to supervise the proper execution. The artist is responsible for the artistic result of the entire work of art. Third parties charged by the artist with the execution of parts or all of a work of art are responsible to him for the technical result. The artist determines the choice of the performer(s), unless otherwise agreed in advance.
7.1 The artist must deliver the work of art to be delivered by him at the agreed time as stated in his order confirmation. If it is necessary to deviate from this due to unforeseen circumstances, the artist must inform the buyer/client in writing or by e-mail in a timely manner and with reasons.
7.2 The buyer/client is obliged to receive the work of art commissioned by him as soon as possible after completion and to assess it for approval. Unless otherwise agreed, the buyer/client must do everything possible to make delivery on time possible. If this cannot be met, he must inform the artist of this in a timely manner and with reasons.
7.3 The delivery term agreed with the artist can never be regarded as a strict deadline by the buyer/client, unless the contrary has been expressly agreed with the artist in writing or by e-mail.
7.4 The artist is allowed to charge storage, storage and insurance costs over the period from the end of the delivery term agreed in advance until the actual delivery has been made possible by the buyer/client.
8.1. The artist is entitled to claim payments in several installments.
8.2. The buyer/client must make his payments within thirty days after the date of the invoice, which is in accordance with the commission agreement sent to him by the artist. Objections to the amount of the invoices do not suspend the payment obligation.
8.3. If the payment term is exceeded, the buyer/client owes a legally determined interest until the full amount has been paid. If the payment term is exceeded, the artist may suspend his work until the buyer/client has paid the amount due, plus interest. Payments are deemed to have been made when the artist has received the full amount.
8.4. Additional costs that arise as a result of the collection of the amount owed by the buyer/client and not paid on time are for the account of the buyer/client.
9. Additional costs
9.1 For the benefit of a commissioned work of art, the research and preparation activities, auxiliary materials, means of production, intermediate products, packaging, transport(s), transport risks, travel and accommodation costs, insurance and VAT are, insofar as applicable, at the expense of the buyer/client.
9.2 Changes in the assignment by the client that could not be foreseen by the artist and cause additional work, will be paid by the client to the artist in accordance with the rate agreed in the agreement. There is also additional work if, as a result of the provision of incorrect or incomplete information by the client, the contractor has to re-organize its planned activities. The Contractor will charge the costs for additional work to the Client on the basis of subsequent calculation.
9.3 All aids/materials, means of production and intermediate products belong to the studio inventory of the artist and remain the property of the artist, even if they have been charged to the buyer/client. The artist is not obliged to keep it, unless otherwise agreed in advance. If it has been agreed that these must be kept, the artist is entitled to charge storage, storage and insurance costs.
9.4 If the purchase/order for delivery entails that a test piece in the chosen material, a model or a model of the design must be delivered by the artist, these additional activities will be charged to the buyer/client as additional costs.
10.1 Complaints must be sent to the artist with reasons in writing within fourteen days of receipt of the delivered work of art.
10.2 After the term of fourteen days after completion of the assignment, the client is deemed to have fully accepted the result of the assignment. After that, any complaint will no longer be handled as such by the artist. If, in a special case, that term requires an extension for the buyer/client, the artist will reasonably allow a longer term of another fourteen days.
10.3 The buyer/client must base his complaint on the information stated in the order confirmation. The buyer/client may not reject a work of art without inviting the artist to explain his work of art orally.
10.4 If, up to eight days after receipt of the invoice from the artist, the buyer/client has not made a written comment on the calculated amount, he is deemed to have accepted and approved the invoice.
11.1 There is a dispute between the buyer/client and the artist as soon as one of the parties declares that this is the case.
11.2 A dispute between the buyer/client and the artist, his heirs or rightful claimants can be submitted to an arbitration committee of at least 3 experts in the field, which can settle the dispute by means of a recommendation that is binding on both parties. The arbitration committee can have a varying composition, but always consists of an artist, a gallery owner and a lawyer. The committee will issue its advice within 30 days of treatment. 11.3 In the event that arbitration is not desired or does not yield the desired result, the ordinary civil court will decide.
12.1 In the event that a purchase/commissioning agreement is canceled by the buyer/client, while the artist has already reached an advanced stage with preparation, execution work and/or commitments with third parties, the buyer/client will be obliged to pay the entire sum of all costs that are involved with the artist in the creation of the work of art.
12.2 If the circumstances under which the purchase/commission agreement was concluded change to such an extent that the artist no longer sees any possibilities for artistic or material considerations to properly carry out the originally intended assignment, he is entitled to terminate that agreement, but with retention of his right to a new assignment agreement in accordance with those changed circumstances.
12.3 If due to force majeure the artist is unable to fulfill his obligations under the purchase/contract agreement, these will be postponed until the force majeure situation has ended. If after three months the artist is still unable to fulfill his obligations and the delivery of the work no longer allows any delay, the buyer/client is entitled to terminate the agreement, whereby he is obliged to pay the work currently performed by the artist with the associated costs.
12.4 In the event of a postponement of payment or bankruptcy of the buyer/client, the artist is entitled to terminate the agreement immediately and by registered letter, enclosing the invoice for the costs incurred up to that time of and for his work performed. .
13. Warranties and Disclaimers
13.1 The artist guarantees that the work of art has been conceived, designed and made by him and that he/she is regarded as a maker within the meaning of the Copyright Act and can dispose of the work as a copyright holder.
13.2 The artist is entitled to sign his work and to provide it with a title and/or code.
13.3 The client indemnifies the artist or persons engaged by the artist for the assignment against all third-party claims arising from the applications or the use of the result of the assignment.
13.4 The client indemnifies the artist against claims with regard to intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.
14.1 The artist is not liable for damage, of whatever nature, caused by the artist acting on incorrect and/or incomplete information provided by or on behalf of the client.
14.2 The artist’s liability is in any case always limited to the amount paid out by his insurer, where appropriate.
14.3 The artist is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the defective performance of the artist to the artist. the agreement, insofar as these can be attributed to the artist and reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
14.4 The artist is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
15. Other provisions
15.1 The client is not permitted to transfer any right from an agreement concluded with the artist to third parties.
15.2 The parties are obliged to treat confidentially facts and circumstances that come to the attention of the other party in the context of the assignment. Third parties involved in the execution of the assignment will be bound by the same confidential treatment with regard to these facts and circumstances originating from the other party.
15.3 Dutch law applies to the agreement between the artist and the client. The court to take cognizance of disputes between the artist and the client is the competent court in the district where the artist is established, or the competent court according to the law, at the option of the artist.
15.4 The material ownership of the work of art does not entitle the owner to multiply or reproduce or any other form of exploitation. Pursuant to the Copyright Act 1912, this right is exclusively reserved to the artist, unless otherwise agreed in advance with the artist.
Excerpt of the 1912 COPYRIGHT LAW ON VISUAL ART
Insofar as these terms and conditions of delivery are not deviated from, the provisions and restrictions of the Copyright Act 1912 – which include all changes with regard to the visual arts – apply to the work of the artist and his legal relationship with the buyer/client.
Article 1 Copyright is the exclusive right of the maker of a literature, science or art, or of his successors in title, to publish and reproduce this, subject to the restrictions imposed by law. (B.W. 625)
Article 2 Copyright is regarded as movable property. (B.W. 567). It is passed on by succession and is subject to full or partial transfer. Full or partial transfer of copyright cannot take place other than by means of an authentic or private deed. It only includes those powers, the transfer of which is stated in the deed or necessarily ensues from the nature and purport of the agreement concluded. Copyright, which belongs to the maker of the work, as well as – after the death of the maker – the copyright on undisclosed works, which belongs to the person who has acquired it as heir or rightful claimant from the maker, is not subject to attachment. . (B.W./Rv. 447)
Article 4 Subject to proof to the contrary, the person who is designated as such on the work or, in the absence of such an indication, the person who has been made known as the maker of the work when the work is made public, shall be deemed to be the author. makes public.
Article 6 If a work is created by another person, under the direction and supervision of that other person, this person is referred to as the maker of that work.
Article 7 If the work performed in the service of another person consists in the production of certain works of literature, science or art, then the maker of those works is regarded as the person in whose service the works were produced, unless the parties have agreed otherwise. agreed.
Article 19 Reproduction by or for the benefit of the person portrayed or, after his death, his next of kin, shall not be regarded as an infringement of copyright in a portrait. If the same image contains the portrait of two or more persons, then that reproduction is free to each of them with regard to portraits other than his own, only with the permission of those other persons, or for ten years after their death, of their next of kin. With regard to a photographic portrait, the publication thereof in a newspaper or magazine by or with the consent of one of the persons referred to in the first paragraph is also not regarded as an infringement of copyright, provided that the name of the maker, insofar as it is indicated on or near the portrait, is stated. This article only applies to portraits that have been made pursuant to an order, by or on behalf of the persons portrayed, or given to the maker on their behalf.
Article 20 Unless otherwise agreed, the person to whom the copyright to the portrait belongs is not authorized to make it public without the consent of the person portrayed, or for ten years after his death, of his next of kin. If the same image contains the portrait of two or more persons, the consent of all persons portrayed or, for ten years after their death, their next of kin is required with regard to the entire image.
Article 21 If a portrait has been made without an instruction to that effect, the maker has been given by or on behalf of the person portrayed – or on his behalf – it is not permitted to make it public by the person who owns the copyright or, after his death, by one of his next of kin. opposes the disclosure.
Article 24 Unless otherwise agreed, the maker of any painting, notwithstanding the transfer of his copyright, remains authorized to produce similar paintings.
Article 25 The creator of a work, even after transferring his copyright, has the following rights: a) The right to object to the publication of the work under another name as his, as well as to any change in the name of the work or in the designation of the maker, insofar as these appear on or in the work occur or have been made public in connection therewith. b) The right to oppose any other change in the work, unless this change is of such a nature that the opposition would be contrary to reasonableness. c) The right to object to any deformation, mutilation or other deterioration of the work, which could harm the honor or the name of the maker or its value in this capacity. After the death of the maker until the copyright expires, the rights referred to under a, b and c belong to the person designated by the maker by last will and testament.
Article 27 Notwithstanding the transfer of its copyright in whole or in part; the maker remains authorized to institute legal proceedings for compensation against the person who has infringed copyright.
Article 28 Copyright gives the right to seize objects that have been made public in violation of that right, as well as unauthorized reproductions in the manner and with due observance of the provisions prescribed for the attachment for the recovery of movable property, and unless these are considered his property on or to demand its destruction or rendering unusable. Equal authority to seize and requisition exists with regard to the seizure of entrance fees paid for attending a lecture, a performance or performance or an exhibition or performance, whereby copyright is infringed. (Rv. 721) If the goods referred to in subsection 1 are required to be surrendered, the court may order that such surrender be made only for a specific fee to be paid by the plaintiff. With regard to cases in which copyright is infringed, the court may, upon application by the entitled party, order that the defendant take such measures that the copyright infringement is lifted, with the order of the defendant to pay a certain sum of money as compensation. , in case the court order is not complied with within a specified time. (B.W./Rv.art. 1401) All without prejudice to the criminal prosecution for copyright infringement and the civil law ordinance to obtain compensation.
Article 31 Any person who intentionally infringes another copyright shall be punished with a term of imprisonment not exceeding six months or a fine not exceeding twenty five thousand guilders. (See also Art. 36a and 36b.)
Article 37 Chapter III, The duration of copyright. The copyright expires after 50 years, counting from the 1st January of the year following the year of death of the maker. The duration of a common copyright on the same work, belonging to two or more persons as joint creators thereof, is calculated from the 1st of January of the year following the year of death of the surviving member.