Fine Art Purchase Agreement
Advertising obligations for art prints. California law requires art dealers to present a „certificate of authenticity” to each or multiple they sell (Cal. Civil Code S. 1740-45.9). (This law was passed in response to massive frauds in the art printing market, particularly with regard to the falsified Dali prints. Several other states have similar disclosure laws.) The certificate contains specific information about the nature and origin (property history) of the print. If a merchant does not or does not provide an inaccurate certificate, the buyer is entitled to return the pressure for a full refund or three times the purchase price if the merchant`s behavior was intentional. If your contract has granted your client a license to use your illustration instead of copyright, you need to determine the extent of these user rights. The scope of a license may be limited in different ways: (1) to certain types of media (print, online, broadcast, clothing, etc.), (3) to certain types of use (for example. B in annual reports, but not in display advertising); (2) for a given period and/or (3) for a given geographic area. The license can be very broad or very narrow depending on how these restrictions are described.
For example, if the license grants exclusive rights to reproduce illustration in all media, it would also include art prints, and you will need your client`s permission to make your own art prints, even if that`s not what the client does with your work. However, if the contract more narrowly restricts the use, for example. B for print ads and promotions, you can still make your own art prints. Or if the license has been limited, z.B two years, you can make and sell your own prints at the expiration of the two-year term. 7.1 If you do not pay the purchase price in full (or if we grant you payment in specified instalments and do not pay one or more payments) until the due date, or if you do not comply with the obligations covered in paragraphs 5 and 6 before the full payment of the purchase price, or if you do or do something else, before paying the full purchase price, which could jeopardize our ownership of the work or the work itself, we are entitled (without prejudice to our other rights and remedies under the law), i.e.: 15.1 Notwithstanding clause 14.2 above, each party can be resolved by written notification to the other party , or in connection with the sale and purchase of the work referred to a single arbitrator in London, in accordance with the Arbitration Act 1996. The seat of such arbitration will be London and the language to be used in arbitration proceedings will be English. In the event that the parties fail to reach an arbitrator, one of the parties may, for the time being, ask the President of the Law Society of England and Wales to appoint a legal adviser to the Queen with a term of at least 5 years. The arbitrator`s decision is final and binding. So for your original paintings, you and your estate have rights of imputation and integrity for your life over 50 years (according to California law).
If you limit your edition to 200 or less, you are entitled to registration and integrity for your artistic impressions (according to federal law). You can include other terms of sale, z.B. a provision that your buyer lends them the work for museum or gallery exhibitions or allows you to photograph it.