Copyright Policy

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Purpose:

This copyright policy aims to safeguard the intellectual property rights of the artist, Elaine Tomlin (referred to as "the Artist") and ensure the protection of her original artworks, limited editions, and any associated reproductions from unauthorised use, reproduction, or distribution.

 

This document outlines the rights of the Artist, permitted uses, prohibited actions, and the legal consequences of infringement under Irish and international law.

 

1. Ownership of Intellectual Property

1.1. All artworks created by the Artist, including but not limited to original works, limited editions, paintings, sketches, digital art, sculptures, and installations, are the sole intellectual property of the Artist.

 

1.2. Copyright for these works is automatically granted to the Artist upon creation, as per the Copyright and Related Rights Act, 2000 (Ireland) and the Berne Convention for the Protection of Literary and Artistic Works.

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2. Permitted Uses 2.1.

Buyers of the Artist’s original works or limited editions are granted ownership of the physical item but not the copyright or any rights to reproduce, distribute, or create derivative works based on the artwork.

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2.2. Limited use of the Artist’s work, such as sharing images of purchased pieces on social media or personal blogs for non-commercial purposes, is permitted with proper attribution to the Artist.

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3. Prohibited Actions

3.1. Unauthorised reproduction, copying, or downloading of the Artist’s works, including originals and limited editions, for commercial or non-commercial purposes is strictly prohibited.

 

3.2. The resale of reproductions, digital versions, or unauthorized replicas of the Artist’s original works or limited editions without explicit written consent from the Artist is unlawful.

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3.3. Use of the Artist’s works, including limited editions, for commercial purposes, such as marketing, branding, or merchandise, without a licensing agreement, is prohibited.

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4. Licensing and Permissions

4.1. Interested parties may contact the Artist directly to request permission to use or license their work, including originals or limited editions. All licensing agreements will be documented in writing and must be signed by both the Artist and the licensee.

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5. Consequences of Copyright Infringement

5.1. In Ireland, copyright infringement may result in civil actions under the Copyright and Related Rights Act, 2000. Remedies may include:

• Cease-and-desist orders.

• Compensation for damages and loss of revenue.

• Legal costs and expenses.

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5.2. Globally, unauthorised use of the Artist’s works may be prosecuted under applicable international copyright laws, such as the Berne Convention or the Digital Millennium Copyright Act (DMCA) in the United States.

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5.3. Criminal offenses, such as willful infringement for commercial advantage, may result in fines and/or imprisonment depending on the jurisdiction.

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6. Reporting Infringements

6.1. Suspected cases of copyright infringement can be reported to the Artist by email at ClonleaDesign@gmail.com. The report should include evidence of the alleged infringement.

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6.2. The Artist reserves the right to take legal action against infringers and may collaborate with legal counsel and authorities to enforce their rights.

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7. Disclaimer

7.1. This policy is not a substitute for legal advice. The Artist encourages consultation with a qualified legal professional for comprehensive protection of intellectual property rights.

 

7.2. This policy is subject to updates and revisions without prior notice.

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Contact Information

For enquiries regarding licensing, permissions, or reporting infringements, please contact: Elaine Tomlin, +353 86 389 8829 or clonleadesign@gmail.com.

Acknowledgment By accessing, purchasing, or using the Artist’s works, including originals or limited editions, all parties agree to abide by this copyright policy.