Contractual terms and conditions
Artistic professions surely make people dream and are entertainment in many people’s minds. However, while creating might seem recreational, and even a pleasure, it is none the less work, a profession for which any action has a cost.
Being an artist is a profession for which years of studies and practice make the ease of the gesture, the promptness to find the idea.
Is it needed to remind :
That the production of a creation needs an important work that can’t be reduced to some clicks of the mouse in front of a computer screen?
That the “researches and first projects” stage is the very essence of the finale?
When a private individual buys a painting, a book, a CD, a DVD… he’s the owner of the medium but not of the content, which remains the property of the author. Consequently, we can’t do as we please with it.
Personal information : Brigitte ALLIOT MORILLON
Artist-author name : Brigitte MORILLON
Order number, Maison des ARTISTES : A828549
Portugal - N° de Contribuente : 268 477 337 - CAE 2014 - Pintores
Brigitte Alliot Morillon issues commercial licenses for the reproduction of her works under the trademark Arte Take Away® at the rate of % of the sale price.
Contractual terms and conditions
The works presented on the website L’ART MORILLON or released in any form by Brigitte ALLIOT MORILLON, with the artist name Brigitte MORILLON, are protected by the law from 11th March 1957 and every following law on literary and artistic property, and the law from 17th July 1970 on the right of personal portrayal.
Article 1 – Creations and rights of the artist: Any creation realized under the name of L’ART MORILLON remains the strict property of the author Brigitte ALLIOT MORILLON and cannot be used without her authorization. These creations generate copyrights determined by the French Intellectual Property Code. Their amount is related to the actual use of the creation by the client.
Any other use than the one shown on the invoice or the assignment shall be subject to additional rights. Any use that could be prejudicial for the author and/or the represented third parties is forbidden.
Article 2 – Use of the work: The original artwork created does not means that it is freely available for use. The client is not its owner but purchases its rights of use for a defined use limited by a contract (invoice). It remains the moral and physical property of its author. Only the reproduction rights are sold for the sole use or printing purposes defined on the invoice or assignment of rights. It can’t be modified, copied, sold or re-used for any other use (which is subject to the payment of reproduction rights) without prior written permission from the author.
Article 3 – Modification and Signature: The modifications or interpretations of a creation cannot be done without written permission from the author in any circumstances. The signature cannot be moved or removed without written permission from the author. In accordance with the law from the 11 March 1957, the signature of each reproduction, performance or interpretation is a legal notice, regardless of the form of use. The copyright shall be visibly displayed either on or in the immediate vicinity of the copy or the representation, or in the summary or credits or in a table enabling a precise identification.
Article 4 – Idea: An idea suggested by the client is not in itself a creation.
Article 5 – Order form: The delivery of an order form or a confirmation written in accordance with the terms of the quote presented is compulsory.
Article 6 – Call for tenders: When the client calls for other designers for the same work, it is compulsory to inform in writing every participant from the first interview. The researches of every designer shall be remunerated.
Article 7 – Additional fees: The modifications asked by the client during the realisation if they involve a project reorganisation (author corrections), the supply of materials that can be used for some models, the potential participation in photographical shots, technical monitoring, travelling and phone expenses, etc… shall be charged in supplement.
Article 8 – Invoices: The payment of the invoice or assignment of rights shall take place on receipt, and at the very latest in the end of the current month. The payment is divided as follows:
A first deposit with the order: 50%
A second one when the project is accepted: 30%
The balance is to be paid on delivery.
The utilization rights are acquired only when full payment of invoices is made.
The payment of the Painting (or any other artwork) is independent of the utilization rights. The payment shall be received by the artist before any delivery.
Article 9 – Property: Models and projects, included those which have been refused, remain the property of the author and shall be given back to him in good condition, with no damages. The projects without continuation shall be invoiced for 100% of the amount shown in the quote in the “research(es) and first project(s)” entry.
Article 10 – Supporting documents: The client gives to the author one or more copies of the creations made. At least 2 copies of the complete and original supporting documents for each publication of the documents shall be received free of charge by the author within the publication month, the same applies for copies in any form. These supporting documents shall enable the inspection of the conformity of the use, copyright and context provided for.
Article 11 – Jurisdiction: Any disagreement or contention regarding the interpretation or the fulfilment of this contract, failing amicable agreement between the parties, shall be submitted to a competent court.
Article 12 – Clause to the contrary: Any clause to the contrary of these contractual terms established by the client on his order shall be unenforceable against the author.
Article 13 – Clause on digital files: An original work created using a computer tool or digitized can be copied unlimitedly. This does not mean that it is free of use. The client is not the owner of the digital files, but he can purchase their utilization rights for a utilization determined and limited by a contract.
“The content of this digital media is an original creation protected by the law n°92-597 of the 1st July 1992 regarding the French Intellectual Property Code. It remains the moral and physical property of its author. Only the reproduction rights are sold for the sole use or printing purposes defined on the invoice or assignment of rights. It can’t be modified, copied, sold or re-used for any other use (which is subject to the payment of reproduction rights) without prior written permission from the author.”
Article 15 – Any file loan as well as any use or development involves full compliance with the general terms of Brigitte ALLIOT MORILLON despite any contrary clause or use potentially shown on the writings of the buyer or the user.
Article 16 – The use of the services of L’ART MORILLON, including the services offered by Brigitte ALLIOT MORILLON on her website, involves the full and complete acceptance of the general conditions for contracts presented above.
These clauses are enforceable for all the websites belonging to Brigitte ALLIOT MORILLON, or any site representing her work.
The Steps of the purchase of a work
• Choice of the work
• Reservation by e-mail directly on the FORM on the website www.art-morillon
• Application for a payment flexibility.
• Signature of the Order Form
• Transfer of 100% of the price
• Sending of the order form + transfer to Brigitte Morillon,
• Control of the order on receipt.
• Confirmation e-mail
• Preparation of the delivery
• Handing in of the Certificate of authenticity and the invoice.
• Direct shipment* to the address shown on the Order Form
• Period: on receipt
* Shipment: The type of shipment, depending on the format of the work, will be written in the confirmation e-mail.
The work can be delivered to you, or you can also come and pick it up at my workshop.