WHAT IS JUST NATURAL ART?
Just Natural Art (“JNA”) was founded in October 2009, 6, and it is owned by the artist, Irina Lichis. Thus, JNA was established to publish her works of art. All paintings is a result of intellectual activity of Irina Lichis. The exclusive right to a result of intellectual activity belongs to the artist, Irina Lichis. All copyrights reserved by Irina Lichis as well. This is the official Just Natural Art website for the publication of the artworks by Irina Lichis. All text, graphics, designs, logos, button icons, images, audio clips, data compilations and
information (“Content”) contained on this website is owned or controlled by Irina Lichis and is protected by Russian Federation and international copyright laws.
In Russia, the legal statute of the results of intellectual activity is governed by the Civil Code of the Russian Federation and Decree of the Government of the Russian Federation № 256 (April 2008, 19).
"AT THE MOMENT THE EXLUSIVE RIGHT TO ALL WORKS BELONGS TO IRINA LICHIS. ANY OWNER AND ANY BUYER OF IRINA LICHIS'S PAINTING DO NOT HAVE A RIGHT TO RESELL IT. ANY RESALES OF IRINA LICHIS'S WORKS SHALL BE UNLAWFUL. IF YOU SAW OR HEARD ABOUT THE RESALE OF IRINA'S PAINTING OR ANY OTHER OFFENCES, PLEASE, INFORM HER ABOUT IT EMAILING AT IRINALICHIS@GMAIL.COM."
HOW DO IRINA LICHIS & JUST NATURAL ART WORK?
Irina Lichis sells to clients all over the world. All items published on official JNA website and offered on the official JNA e-store website (www.artstore.justnaturalart.com) are exclusive to Irina and can't be purchased elsewhere.
Irina Lichis holds the monopoly of her artistic property attached to the work of art, the trademarks, the name, the likeness, the personality rights.
Only Irina Lichis has the capacity to authorize or prohibit the use of her works, name and likeness.
WHAT ARE THE RIGHTS OF IRINA LICHIS?
A - INCORPOREAL PROPERTY RIGHTS
1. AUTHOR'S RIGHTS
"Work of art, trademarks, secrets of production (know-how) and etc. are the results of intellectual activity. The author of a result of intellectual activity shall be deemed a citizen whose creativity has led to the creation of such a result. Intellectual rights shall be recognized for the results of intellectual activity, which include an exclusive right that is a proprietary right; and, also personal non-proprietary rights and other rights (droit de suite, right of access, and others).
The right of authorship, the right to the name and other personal non-proprietary rights belong to the author of a result of intellectual activity. The right of authorship, the right to the name and other personal non-proprietary rights of the author shall be inalienable and non-transferable. A waiver of these rights is void. Authorship and the name of the author shall be protected interminably.
The exclusive right to a result of intellectual activity made by creativity shall initially appear in its author.
Intellectual rights shall not depend upon the right of ownership to the material carrier (a thing) which has embodied the respective result of intellectual activity. The transfer of the right of ownership to a thing shall not entail the transfer or granting of the intellectual rights to the result of intellectual activity. The exclusive right may be transferred by the author to another person under the contract." – Atc. 1225-1228 of the Civil Code of the Russian Federation.
a. Economic attributes of author’s right
The rightholder, Irina Lichis, may at her discretion permit or prohibit other persons to use the result of intellectual activity. Absence of a prohibition shall not be considered as a consent (permission).
Other persons shall not use the respective result of intellectual activity. The use of a result of intellectual activity without the consent of Irina Lichis, shall be illegal and shall entail the liability as provided for by the Civil Code of the Russian Federation and other laws.
The exclusive right to use a work in any form and any manner not contrary to law (the exclusive right in the work) belongs to Irina Lichis. She may dispose of the exclusive right in her works.
The use of the works shall include, in particular:
- Reproduction right: it is the fixation of a work by Irina Lichis in a medium different from the original one (reproduction in books, puzzles, postcards and other merchandizing products…)
"Reproduction of the work , i.e., the creation of one or more copies of a work or of part of it in any material form." - Atc. 1270 of the Civil Code of the Russian Federation.
- Distribution right:
"Distribution of a work by sale or other alienation of its original or of copies." - Atc. 1270 of the Civil Code of the Russian Federation.
- Performing right: this is the communication of a work to the public, through any process, among which television broadcast. In case of graphic and plastic works, the work will first be incorporated into the audio-visual program (reproduction) the broadcast (performance).
"Public display of a work, i.e. any showing of the original or of a copy of a work directly or on a screen with the use of a film, transparency, television frame, or other technical means at a place open for free attendance or at a place where a significant number of persons is present..." - Atc. 1270 of the Civil Code of the Russian Federation.
- Import right:
"The import of the original or of copies of a work for the purpose of distribution." - Atc. 1270 of the Civil Code of the Russian Federation.
- Rental right:
"Renting out of the original or a copy of the work." - Atc. 1270 of the Civil Code of the Russian Federation.
- Right of access:
"The author of a work of figurative art shall have the right to require from the owner of the original of the work the provision of the possibility of exercising the right to reproduction of his work. However the owner of the original may not be required to ship the work to the author." - Atc. 1292 of the Civil Code of the Russian Federation.
- Resale right (Droit de suite): this is the right to collect a share of the amount derived from the sale of work by Irina Lichis.
"In case of alienation by an author of the original of a work of figurative art, upon each public resale of the respective original in which a gallery of figurative art, art salon, store, or other similar organization participates as a seller, buyer, or intermediary, the author shall have the right to receive remuneration from the seller in the form of a percentage deducted from the resale. The droit de suite is inalienable, but shall pass to the heirs of the author for the term of validity of the exclusive right." - Atc. 1293 of the Civil Code of the Russian Federation.
The prior written permission of Irina Lichis is mandatory. The rights are cleared only through the contract of authorization delivered by Irina Lichis.
All unauthorized use constitutes a civil tort and a criminal offence. Any complete or partial performance or reproduction made without the consent of Irina Lichis shall be unlawful.
The terms of protection is author’s life plus seventy years.
b. Moral right
This is the right linking the authors to their work. This is the legally-protected link, connecting the creator to his work, and granting the creator supreme prerogatives over users, even if the work has entered the economic circuit. Moral right comprises four elements:
- Right of disclosure / The Right to Make a Work Public: the author alone shall decide how his work shall be disclosed to the public, thus keeping a better control over his work.
"The right to make his work public, i.e., the right to take an action or give consent to an action that for the first time would make the work accessible to the public by its publication, public display, public performance, communication by wireless means or by wire or in any other manner shall belong to the author. In such case publication (release to the world) is the release into circulation of copies of the work that are a reproduction of the work in any material form in a number sufficient for the satisfaction of the reasonable needs of the public proceeding from the nature of the work." - Atc. 1268 of the Civil Code of the Russian Federation.
- Right of authorship: whatever the circumstances, the author has the right to claim the paternity of the work, and to be acknowledged as the "father" of the work, as the author.
"The right of authorship, the right to be recognized as the author of a work and the right of the author to his name - the right to use or permit the use of a work under his own name, under an assumed name (pseudonym) or without an indication of the name, i.e., anonymously, are inalienable and nontransferable, including in the case of transfer to another person or passage to him of the exclusive right in a work and in the case of granting to another person of the right of use of the work. A waiver of these rights shall be void." - Atc. 1265 of the Civil Code of the Russian Federation.
- Right of integrity of the work: the author enjoys the right to demand that both the physical integrity and the destination of the work be respected. Practically, in case of Irina Lichis, all authorizations are granted under the condition that work be reproduced without alteration and with absolute fidelity. The reproduced work shall not be cropped, mutilated, altered, and colours shall be faithful to the original work… Besides, the use of the work shall not be detrimental to the work and reputation of Irina Lichis.
All licensees are consequently under the obligation to provide Irina Lichis with prototypes for the exercise of moral right.
This also applies for all promotional materials.
"The changes, abridgements, or additions to a work or the provision of a work in its use with illustrations, a foreword, or an afterword, commentaries or any explanations shall be not allowed without the consent of the author. Perversion, distortion or other change in the work impugning the honor, dignity, or business reputation of the author and an attempt at such actions shall give the author the right to demand protection of his honor, dignity or business reputation in accordance with the Civil Code of the Russian Federation." - Atc. 1266 of the Civil Code of the Russian Federation.
Users are under the obligation to obtain a print’s proof prior to any manufacturing and distribution of the product.
Irina Lichis stipulates in her contracts that only photographic sources of good quality shall be used for reproduction. It is specifically prohibited to scan works reproduction in book. Users must consequently clear photographic rights with the said organisms, independently from Irina Lichis’s authors’ rights.
- Right of redeem / withdrawal right: the author has the right to withdraw the work from the economic circuit, provided he indemnifies its owner or seller.
"The author shall have the right to rescind a previously adopted decision to make a work public on the condition of compensation for damages caused by such a decision, to the person to whom the exclusive right in the work was alienated or to whom the right of the use of the work was granted. If the work has already been made public the author shall also have the duty to give public notice of its withdrawal. In such a case the author shall have the right to withdraw from circulation the previously released copies of the work, having compensated for damages caused by this." - Atc. 1269 of the Civil Code of the Russian Federation.
It is important to underline that moral right is perpetual, inalienable (it cannot be transferred) and imprescriptible (it is not lost for lack of use).
Failure to respect moral rights constitutes a counterfeiting offence.
B – PERSONALITY RIGHTS
This consists in the right of famous persons to control the commercial exploitation of their personality, either personally or by conceding the exploitation, for commercial or advertising purposes, of elements evoking their personality (name, likeness, voice) and oppose any potential non-authorized marketing.
Third parties wishing to use them are under the obligation to submit a request to Irina Lichis.
Unauthorized users are sanctioned by court according to civil liability mechanisms and parasitisms.
A FEW PRACTICAL EXAMPLES
A. You wish to reproduce a work in a traditional product (book, postcard, poster…) or include a work an audio-visual document.
This is a simple case of author’s right. You must send to Irina Lichis a request for permission containing the following information:
1. Characteristics of the product:
- Title of the product
- Description of the product
- Author’s name
- Planned print run
- Retail selling price of the product
2. Characteristics of the reproduction of Irina Lichis works:
- Size of the reproduction compared to page size
- Color or black and white reproduction
With this information, and should there be no ground for refusal, Irina Lichis will establish a contract of authorization, stipulating, besides the product, duration, territory and royalties, the conditions of this exploitation:
- The work shall be reproduced in its entirety
- Any modification or alteration of the work is forbidden
- The integrity of the work must be respected (the colour must be faithful to the original work).
A printer’s proof will be required before any manufacturing or marketing of the product in order to validate the quality of the reproduction of the work.
Upon to publication, the publisher must send a specimen copy of all products to Irina Lichis, which will then invoice the rights.
B. You intend to sell manufactured products reproducing the name and/or Irina Lichis’s work.
These are complex permissions as they generally involve author’s rights (if
works are reproduced), trademark law and personality rights (for the use of the name and likeness of Irina Lichis). For these questions, a specific license contract is always established, stipulating the field and conditions of exploitation: territory, duration, extent of rights granted, royalties.
Licensees are submitted to a very strict approval procedure by which they must submit to Irina Lichis – for prior written approval – all samples of products (prototypes) and proofs of promotional material. When author’s rights come into play, the main difficulty lies in the good quality of the reproduction.
This is why it is important to carefully develop the project before sending requests for permission to Irina Lichis.
C. You wish to use the name, and/or the likeness, and/or work by Irina Lichis for an advertising compaign.
Once again, these are complex permissions as they generally involve author’s rights (if works are reproduced), trademark law (use of the name Irina Lichis) and personality rights (use of the name and likeness of Irina Lichis).
This type of case is examined very carefully as companies use the name and/or the likeness of Irina Lichis, and not only works, to communicate.
In such case, as a preliminary to any request, Irina Lichis generally asks to be sent a presentation of the company, a very detailed scrip and a media plan.
D. You wish to use the name of Irina Lichis to register a website or a trademark.
This is strictly prohibited by Irina Lichis.
If you are interested in using works by Irina, and/or, the name, and/or the likeness for traditional products (books, postcards, posters) or in an audio-visual document, in an advertisement or for other commercial purposes such as licensing merchandise, please use the next from bellow or email your request to IRINALICHIS@GMAIL.COM.