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Disclaimer – Legal Notice

 

Regarding the rights of art buyers to present, publish, or display works of art photography, fine art or video offered on kinokast.photography by Prosper Jerominus (hereafter called ‘the seller’) either in 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 Prosper Jerominus (aka Jérôme Bertrand) 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.

 

Context

An original art photography depicting objects, buildings, people or art that may or may not fully belong to other rights holders (such as when photos of architecture may in some rare case carry rights held by the architect alone), proper permission is demanded by the seller to and must be contracted and acquired by the buyer(s) prior to any of the said art photography piece effectively being legally sold or in any way transferred to the buyer(s).

Omission, mistakes or faulty information about the seller’s art work (including the rights mentioned) offered at any moment of sale will not make the seller responsible for the possible infringement of any right nor will it make any claim of buyer’s refund or otherwise monetary reparation to any third party eligible.

Responsibilities

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 when asked of their duly held rights to present, publish, otherwise display in any fashion, time or location such artistic depiction as to the seller’s photographic and artistic impressions in prints, works of art etc., depicting any object not limited to buildings, images, pieces of art, people or any parts thereof.

All litigation handled by Court of Law, Amsterdam, The Netherlands.

kinokast.photography 2021

 

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