My-art.com (named as the website in this text) is edited and exploited by my-art-SAS whitch the headquarter is located at the 11 rue Farcot 93400 Saint Ouen and saved to the commercial regitrer and the society of Bobigny under the number n°524 782 737 Bobigny, Siret 524 782 737 00018 represented by Xavier Thamin as a president. The publishing contract to work as an artist is to govern trade relations between www.my-art.com and artists, to the exclusion of any conditions previously available on the website. Every uploading of digital works by an artist is the formation of a distance contract and necessarily impliesacceptance, without limitation or qualification of the edition contract of works artists. The company my-art SAS has the right to change at any time the conditions of this contract governing the relationship between www.my-art.com and its artists. The new contract will be applicable once the posting on his website Feel free to check it regulary.
If a condition was found out to be lacking it would be considerated been governed by the procedures in place in the field of distance selling which the company headquarters located in France agrees to comply with all provisions of the Consumer Code relating to the saleremote.
The author is at every step free to express his creativity and is never subject to these reports with the website
IIt is here noted that the publishing contract is a solemn contract with the formalities imposed copyright. It is defined by theIntellectual Property Code (IPC), Article L.132-1, which provides: « The publishing contract is a contract by which the author of an intellectual work or his successors in title assign to certain conditions a person called the publisher has the right to manufacture or have manufactured a number of copies of thework, a charge for her to arrange for their publication and the diffusion ».
The notion of publishing is for creative works which mean hard, sound recordings, films, multimedia, tapes, CDs, drawings, paintings, models, prints, etc.. except the books. The new technologies that did not exist at the time of the adaptation of the legislation, are not excluded from this article, the moment they are works of the mind in need of manufacture. The publisher is the co-author of the contractor is responsible for the production and publication and dissemination of the work. So this is a transfer of the reproduction right but the obligation for the publisher to exploit the work.
THIS STATEMENT HAS BEEN ORDERED AND AGREED AS FOLLOWS:
ARTICLE 1 – 1. The contract
The compagny my-art SAS intends to submit on his website (www.my-art.com) some visual works by different authors topublic appreciation and sale. The selling price, the number of copy (limited or unlimited), the size and the support are chosen by the artists. The copies of the work may be transferred and sold throughout the French territory and throughout the world without distinction until the end of the contract.
ARTICLE 2 – 2. Contract period
This contract is concluded for the duration of sale of the work, which mean the number of copies for sale.
ARTICLE 3 –Obligation of the author
The number of creation hat the author must provide to the publisher is not determined in advance. The author is free to creativity, the work must be original and as far as possible bear the stamp of the personality of its author. The author warrants that the property, full and exclusive rights, or have obtained all possible permissions to the conclusion of this publishing agreement. The author guarantees that the integration of free creations of law, he is not the author, is compatible with this edition. Under this warranty, the author undertakes to ensure at its own expense defend my-art sas against any allegation ofcounterfeit of intellectual property rights in France, and consequently to pay damages and interest and costs and expenses which my-art SAS would be condemned by a court which has the force judged on the basis of such a claim, provided that my-art sas: 1)has notified the existence of the claim from its occurrence in the author 2)has allowed the author to have only the direction of the defense and all negotiations for an agreement, and hascollaboration with the author for this purpose. author decides the selling price, number of sales copy, sales materials and sales size. The author shall deliver the work to the publisher in a form that normal production. By this contract the author transfers the right to reproduce and that is entrusted to the publisher and the right of representation. The author assigns the right to disclosure of his work throughout the period of this contract. The author allows my-art SAS to use the full performance of the work for commercial purposes (promotion,communications, special operations).
ARTICLE 4 – 4. Obligation of the editor
The publisher must ensure that the work selected and reproduced a continuous and sustained exploitation. The publisher is agreed to provide on its website a video of all the works of the author among other works of artists. The publisher and undertakes to inform the author. The publisher must sell the work and pay taxes and income taxes. The publisher undertakes to respect the right to respect his work. o damage will be made to the work of the author as goog as physical and moral either during the communication phase byvisual or in the event marketing at its reproductive phase. The publisher may not transfer the benefits of this contract to third parties regardless of its business without the consent of the author.
ARTICLE 5 – 5. Renumeration
As part of the commercialization of the work of the author, the author's remuneration is based on the selling price that the artist has decided to sell. rices are indicated in euros all taxes included, excluding the procesing cost and delivery. All artists using the services of my art-are paid. They receive a commission on each sale of their creations. The amount of commission of the artists is 10 to 15% (depends on support and format) from the amount without taxes of the base price of reproduction (which is also equal to 50%margin) plus 50% of any goodwill decided by the artist. The base prices are the prices recommended by my-art at the time of the transaction . They are available by clicking on Voir les conditions tarifaires Goodwill is the amount that the artist added to the base price. The selling price is : sale price + goodwill. The author's remuneration will be paid by the publisher on request and only sales made will be take into consideration, fully paid by the purchaser and that the withdrawal period expires. The author may request payment of his remuneration if the amount of this one exceeds 100 euros, if not the author will be paid on the end of eatch quarter.
ARTICLE 6 – 6. Right to reconsider of withdrawal
The author is free from his creativity. There is no subordination relashionship between the author and the editor in the creation of the work. The author retains the right to reconsider or of withdrawal of the work or works submitted to the editor. However, this right must be framed. The author may fully exercise its right to reconsider unless my-art.com launched an advertising campaign highlightingthe work in question. The right to reconsider will be exercised at the end of the campaign. In the event that the right to reconsider or of withdrawal would take place after the publisher has made the reproduction of the work on physical media whatever it is, the author undertakes to repay to the editor completeness of the costs involved in the reproduction and compensation amounting to 400€.
ARTICLE 7 - Jurisdiction of Courts
In case of difficulty in the execution of this contract, its provisions are subject to French law and any disputes will besubject to the jurisdiction of the commercial court of Paris.