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FAQ
1. What is a License agreement (used for illustrations etc.) and why do we even need to deal with it before a purchase?
I appreciate you deciding to purchase a license to my artwork and support my work. My work is very important to me and it is therefore crucial to me how this work will be used, presented and what its future fate will be. For this reason, we enter into this Agreement together.
I will grant you a license to the Work to the extent set out in the Agreement itself. Any use beyond this license may be made only with my written permission.
The agreement clarifies, for example:
- license fee: fixed fees (you can see them as a price on e-shop) and rental fees (negotiated as for example annual or monthly fee)
- exclusivity (With illustrations, it usually works so that a non-exclusive license is sold (which is often many times cheaper than an exclusive license). An exclusive license is associated with a higher financial investment from the buyer, who then has the assurance that no one else will use this illustration—not even me.)
- Quantitative limitation.
- Local limitation.
- Time limitation.
- Method of use.
- Assignment and sub-licensing., etc.
The license agreement is therefore concluded so that you can use my illustrations, for example, for your book, magazine, advertisement, blog, etc. Since usually only the electronic version of the work is used for printing purposes, I will send you the illustration electronically, unless we agree otherwise in advance. If you need to ask anything regarding the sale of license agreements for illustrations, please write to me at e9eliskadevata@gmail.com
Thank you again and I hope you will be satisfied with the Work you have purchased.
Sincerely
2. Why must an Agreement for the sale of a work of art be dealt with when selling paintings, graphics, drawings, and other artworks?
I appreciate your decision to purchase my artwork from me and support my work. My work is very important to me and it is therefore crucial to me how this work will be used, presented and what its future fate will be. For this reason, we enter into this Agreement together.
Although you become the owner of the original medium of this work, I remain the author and decide how it may be used. As a part of the license, you will purchase the option of permitted
use: either domestic use option, commercial use option or commercial use option including galleries. Any other use of the Work is not part of the sale - you may not, for example, copy the Work, publish it on the Internet, or use it in other works. However, if you are interested in such use, we can enter into a new agreement together for specific cases.
Because I care about my art, I am interested in retaining partial control over the setting and context in which my work is exhibited. My work must not be displayed in a way that would diminish its value or tarnish my reputation. Its display should always be consistent with its idea, philosophy and intent as described in the attached Artist Statement for the Work (for Works purchased through my e-shop, this Artist Statement is included in the description of the Work). If you are unsure whether the method of display violates this condition, I will be happy to discuss any uncertainties with you.
For this reason, it is important to me that we enter into this Agreement together before purchasing the artwork. If you need to ask anything about the sale of artworks, please write to me at e9eliskadevata@gmail.com
Although you become the owner of the original medium of this work, I remain the author and decide how it may be used. As a part of the license, you will purchase the option of permitted
use: either domestic use option, commercial use option or commercial use option including galleries. Any other use of the Work is not part of the sale - you may not, for example, copy the Work, publish it on the Internet, or use it in other works. However, if you are interested in such use, we can enter into a new agreement together for specific cases.
Because I care about my art, I am interested in retaining partial control over the setting and context in which my work is exhibited. My work must not be displayed in a way that would diminish its value or tarnish my reputation. Its display should always be consistent with its idea, philosophy and intent as described in the attached Artist Statement for the Work (for Works purchased through my e-shop, this Artist Statement is included in the description of the Work). If you are unsure whether the method of display violates this condition, I will be happy to discuss any uncertainties with you.
For this reason, it is important to me that we enter into this Agreement together before purchasing the artwork. If you need to ask anything about the sale of artworks, please write to me at e9eliskadevata@gmail.com
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3. Sale of exhibited artworks and licenses for the displayed illustrations:
1. For Those Interested in the Works
If you come across my artwork at an exhibition, the easiest way to purchase it is through the online platform (https://www.elisabethdevata.com/en/fine-art2/ , https://www.elisabethdevata.com/en/illustrations/ ). This way, you will receive an electronically generated invoice, and we will also have a simple and clear record of the type of license you are interested in.
Alternatively, you can write to me at e9eliskadevata@gmail.com to express your interest in a piece.
The purchase of the artwork is handled directly with me, not with the operator/manager of the exhibition space, because the operator of the exhibition space does not own the copyrights and cannot enter into an agreement with you for the purchase of the artwork or for a license for the illustrations. The operator/manager of the exhibition space will simply provide you with my contact information.
The artwork currently on display can be collected in its physical form (or delivered to you) after the exhibition ends, unless we agree otherwise with the exhibition operator/manager (for example, if it would be possible to replace the piece you are interested in at the exhibition with a different work).
2. For the operator/manager of the exhibition space:
If you are the operator/manager of the exhibition space, I expect nothing from you except to provide my contact details (website www.elisabethdevata.com, e9eliskadevata@gmail.com, 737896434 (WhatsApp, SMS, Signal)) to the potential buyer.
All contracts containing information regarding copyright and licenses are handled by me as the author of the works directly with the buyer, without the intervention of the manager of the exhibition space where the work was displayed. If a work is sold or reserved during the course of the exhibition, the manager of the exhibition space where the work was displayed will receive from me, after the end of the exhibition (or after the sale of the work, if it is replaced by a new piece), a credit note in the amount of 10%, calculated from a fixed fee for illustrations (meaning the manager of the exhibition space is not entitled to, for example, additional share-based fees) and for artworks from the type of license the buyer was interested in. The manager of the exhibition space is not entitled to any fee from the resale of the work.
I expect cooperation from the operator/managing director of the exhibition space in promoting the exhibition. As part of the exhibitions, I organize author and other experiential meetings, for which an entrance fee is usually charged. Based on our agreement, this fee is generally split 50/50 between the director/operator of the exhibition space and me. The entrance fee is collected by the director/operator of the space.
If there are any uncertainties, please contact me at e9eliskadevata@gmail.com so that we can communicate and clarify everything.
Thank you.