Important: The information provided on this page is for educational purposes and isn’t legal advice. Your own legal counsel can provide legal advice and help with specific questions about intellectual property.
Regarding the rights of art buyers to present, publish, or display works of art photography, fine art or video offered on kinokast.photography (otherwise accessible at kinokast.photo or kinokast.org) by Prosper Jerominus (hereafter called ‘the seller’) either in any physical or digital form.
In most countries but not in all, objects, not limited to buildings, art and other visual artefacts are free from rights when accessible within the public domain (eg. to be seen permanently and standing in place and/or accessed from within the public domain). Therefore they may be shown or depicted in part or whole in the art photography (or ‘work of art’) either in concrete, recognisable depiction or in an abstract form or interpretation.
The artist Jérôme Bertrand (aka Prosper Jerominus) retains all author rights and copyright to the art work (photography | art | video) presented on the website kinokast.photography, unless specifically mentioned otherwise, for example in the case of co-authorship or a participating guest artist or author.
An original art photograph depicting objects, buildings, people or art that may or may not fully belong to other rights holders (such as when images of buildings may in some rare case carry rights held by the architect alone), proper permission will be demanded by the seller to, and must be contracted and acquired by, the buyer(s) prior to any of the said art photography piece to be effectively sold or any rights in any way transferred to the buyer(s).
Omission, mistakes or faulty information about the seller’s art work (including the rights mentioned) by seller or buyer(s) offered at any moment of sale will not in any way make the seller responsible for the possible infringement of any right nor will it make possible to claim any refund or otherwise monetary reparation to any buyer(s) or third party.
Prosper Jerominus (the seller) does not accept any responsibility for any kind of infringement regarding the rights of former or unknown rights holders, and will likewise not sell nor resell those or any other rights knowingly to third parties (the buyer).
The buyer(s) must make sure and establish with verifiable certainty and communicate to kinokast with proof and timely fashion when asked that they duly hold the rights to present, publish, otherwise display in any fashion, time or location such artistic depiction as to the seller’s photographic and artistic impressions, reproductions in print or digital form, works of art etc., depicting any object not limited to buildings, images, pieces of art, people or any parts thereof.
All litigation will be handled by Court of Law, Amsterdam, The Netherlands.
Jerome P. Bertrand
(pseudonym: Prosper Jerominus)