License and Usage Rights

1. Overview

This License and Usage Rights document explains what you receive when you purchase original artwork or commissioned pieces from Art by Joy. Understanding these terms will help you know your rights and responsibilities as an artwork owner.

By purchasing artwork from Art by Joy, you agree to these license terms and usage restrictions.

2. What You Purchase

When you purchase an original artwork from Art by Joy, you are purchasing:

• Physical Ownership: The physical artwork itself (the original painting, drawing, or print)
• Personal Display Rights: The right to display the artwork in private settings
• Resale Rights: The right to resell the physical artwork (see Section 8)

⚠️ Important: You are NOT purchasing the copyright or intellectual property rights to the artwork.

3. Copyright Ownership

The artist (Art by Joy) retains full copyright and intellectual property rights to all artwork, including but not limited to:

• The right to reproduce the artwork in any form or medium
• The right to create derivative works
• The right to distribute copies
• The right to display the artwork publicly
• The right to license the artwork to third parties

Copyright remains with the artist unless explicitly transferred in writing through a separate copyright transfer agreement.

4. Personal Use Rights

As the owner of the physical artwork, you MAY:

• Display the artwork in your home, office, or private residence
• Photograph the artwork for personal documentation or insurance purposes
• Share photos of the artwork on personal social media accounts with proper artist attribution
• Gift or bequeath the artwork to others
• Resell the original physical artwork (see Section 8 for resale conditions)

5. Prohibited Uses

As the owner of the physical artwork, you MAY NOT:

• Reproduce, copy, or duplicate the artwork in any form (digital or physical)
• Create prints, posters, or merchandise featuring the artwork
• Modify, alter, or create derivative works from the artwork
• Use the artwork for commercial purposes or advertising
• License or sublicense the artwork to third parties
• Publish the artwork in books, magazines, or online publications without permission
• Use high-resolution images of the artwork for digital products or NFTs
• Remove, alter, or obscure the artist's signature or any identification marks
• Claim authorship or ownership of the copyright
• Use the artwork in AI training datasets or machine learning models

Violation of these restrictions may result in legal action for copyright infringement.

6. Artist's Retained Rights

The artist (Art by Joy) reserves the following rights regardless of the sale:

6.1 Reproduction Rights

The artist may:

• Photograph the artwork for portfolio, marketing, and promotional purposes
• Display images of the artwork on the artist's website, social media, and promotional materials
• Create and sell prints, reproductions, or merchandise featuring the artwork
• Include the artwork in exhibitions, art books, and publications
• Use the artwork in advertising and promotional campaigns

6.2 Attribution Rights

The artist has the right to be credited as the creator of the artwork in all contexts, including when the artwork is displayed, reproduced (with permission), or resold.

6.3 Moral Rights

Under Indian copyright law, the artist retains moral rights to the artwork, including the right to claim authorship and the right to object to any distortion, mutilation, or modification that would harm the artist's reputation.

7. Commercial Use and Licensing

If you wish to use the artwork for commercial purposes, you must obtain written permission from Art by Joy. Commercial uses include but are not limited to:

• Display in commercial establishments (hotels, restaurants, corporate offices)
• Use in advertising, marketing materials, or promotional campaigns
• Reproduction for sale (prints, merchandise, digital products)
• Publication in books, magazines, or digital media for profit
• Use in film, television, or video productions

Commercial licensing can be negotiated on a case-by-case basis. Please contact us at [joymkh21@gmail.com] to discuss licensing options and fees.

Any commercial use without proper licensing constitutes copyright infringement and may result in legal action.

8. Resale Rights (Droit de Suite)

You have the right to resell the physical artwork you purchased. However, the following conditions apply:

• The artist must be properly credited in any sale listing or exhibition
• You may not claim authorship or alter the artist's signature
• The artwork must be represented authentically (no false claims about provenance, date, or creation)
• You may not reproduce the artwork for promotional purposes when selling

Resale Royalty Notice: While not currently mandated by Indian law, Art by Joy requests that when the artwork is resold for profit (especially at auctions or through galleries), the artist be notified and given the opportunity to document the sale for provenance records.

When reselling, you transfer only the physical artwork and the same limited personal use rights you received; copyright remains with the artist.

9. Display and Exhibition

9.1 Private Display

You may display the artwork in private settings without restriction, including:

• Your home or private residence
• Your personal office or workspace
• Private events (parties, gatherings where admission is not charged)

9.2 Public Display

For public display or exhibition (galleries, museums, public spaces), you must:

• Credit the artist properly: "Art by Joy" or the artist's full name
• Not photograph or allow photography of the artwork for reproduction purposes
• Notify Art by Joy if the exhibition is significant (optional but appreciated)

10. Digital and Social Media Use

When sharing images of your artwork on social media or digital platforms:

10.1 Permitted Sharing

• Post photos on personal social media accounts (Instagram, Facebook, etc.)
• Share in personal blogs or websites to showcase your collection
• Use for personal documentation or records

10.2 Required Attribution

When posting online, you must:

• Credit the artist: Tag @watercolor_by_j in Instagram or mention "Art by Joy Mukhopadhyay"
• Include the artist's website when possible: artbyjoy.shop
• Not claim the work as your own creation

10.3 Prohibited Digital Use

• Do not create NFTs or blockchain-based tokens of the artwork
• Do not use high-resolution scans for print-on-demand services
• Do not license or sell digital copies
• Do not use images for AI art generation or training datasets
• Do not create digital derivatives or modifications

11. Commissioned Artwork

For custom commissioned artwork, unless otherwise agreed upon in writing:

• The same license terms apply as standard purchases
• Copyright remains with the artist
• The client receives physical ownership and personal display rights only
• The artist may display images of the commissioned work in their portfolio

If you require exclusive rights or copyright transfer for a commission, this must be negotiated separately and will incur additional fees. Such agreements must be documented in a separate written contract.

12. Requesting Additional Rights

If you need rights beyond personal use, such as:

• Commercial reproduction rights
• Exclusive licensing
• Copyright transfer
• Merchandise creation rights
• Publication rights

Please contact us at [joymkh21@gmail.com] to discuss licensing options. Additional fees will apply based on the scope and duration of the license.

13. Enforcement and Violations

Art by Joy actively protects its intellectual property rights. Unauthorized use of the artwork constitutes copyright infringement under the Indian Copyright Act, 1957, and may result in:

• Cease and desist notices
• Legal action for copyright infringement
• Claims for damages and lost profits
• Injunctions to stop unauthorized use

If you are unsure whether a particular use is permitted, please contact us before proceeding.

14. Modifications to License Terms

Art by Joy reserves the right to modify these license terms for future purchases. However, the terms applicable at the time of your purchase will govern your artwork. Check this page for the most current version of our license terms.

15. Contact for Licensing Inquiries

For questions about usage rights, commercial licensing, or copyright matters, please contact:

• Email: joymkh21@gmail.com
• Website: https://artbyjoy.shop
• Subject Line: "Licensing Inquiry - [Artwork Title]"