Sonic Moving Image Artwork Edition & Collector License Agreement

This Collector License Agreement describes in detail that the Collector acquires the Numbered Edition and that the Artist owns the copyright in the Artwork and underlying works, such as the poetry, moving image music or performances. The Collector receives a limited licence to use, experience, and where applicable show, the Numbered Edition.

1. Artwork and Edition

The Artist, Katja-Anina Brosius, is the creator of the artwork identified above (the “Artwork”). This license applies to the entire Artwork which includes but is not restricted to all the physical, digital, visual, sonic, musical, poetic, lyrical, kinesthetic, performing elements that form the entire Sonic Moving Image Artwork of that specific edition.

The Artwork is issued as a limited edition.

The Collector acquires the specific numbered edition of the Artwork identified in this Agreement, together with the Certificate of Authenticity issued by the Artist.

The Artist may retain one or more master files, archival files, working files, exhibition files, installation files, documentation files and promotional copies of the Artwork. The Artist may also create technically necessary copies for storage, backup, conservation, restoration, exhibition, installation, documentation, education, press, marketing and promotional purposes.

Such files and copies are not numbered collector editions and are not to be sold, transferred, licensed or otherwise made available as collectible editions. The existence or use of such copies shall not reduce, increase or otherwise affect the stated number of numbered editions.

2. Delivery

The Collector will receive:

• The numbered digital moving image edition of the Artwork;
• Where the Numbered Edition includes a physical object, such as a painting, ownership of that particular physical object transfers to the Collector upon payment and delivery. Such transfer concerns ownership of the physical object only and does not constitute an assignment, transfer or waiver of copyright, related rights, moral rights or any other intellectual-property rights in the physical object, the Artwork or any underlying work.
• A Certificate of Authenticity;

Except for the preservation and migration obligations expressly stated in this Agreement, the Artist does not undertake to provide future versions, updates, software, hardware, hosting or technical support. The Artist is not obligated to host the Artwork online or maintain an online or offline access service in the future. The Collector is responsible to download all digital files of the Artwork within 30 days after conclusion of the sale and payment of the Artwork.

3. Copyright and Intellectual Property

The purchase of the digital edition does not constitute an assignment or transfer of copyright or other intellectual-property rights in the Artwork or in any underlying work incorporated into it.

The Collector's ownership of the physical painting of the Numbered Edition is therefore distinct from ownership of copyright or other rights in the Artwork and its underlying works.

Unless expressly stated otherwise in writing, all copyright and related rights remain with the Artist.

In particular, the Artist retains all rights in underlying poems, texts, lyrics, musical compositions, moving images, audiovisual works, performances, sound recordings, paintings, drawings, images and other artistic works incorporated into or associated with the Artwork, to the extent that such rights belong to the Artist. All rights not expressly granted to the Collector under this Agreement are reserved by the Artist.

4. Rights in Poems, Texts, Lyrics, Performances and Music

The purchase of the Artwork does not transfer ownership of any poem, literary work, text or lyric incorporated into the Artwork.

The Artist remains free to publish, reproduce, perform, recite, exhibit, adapt, record and otherwise use such underlying literary works, poems, lyrics, texts, independently, including in books, concerts, performances, recordings, exhibitions and future artistic works. The same principle applies to any other underlying artistic work created by the Artist and incorporated into or associated with the Artwork, including color combinations, sound recordings, musical compositions and performances, to the extent that the relevant rights are owned or controlled by the Artist.

5. Collector License

The Artist grants the Collector a limited, non-commercial license to possess, store and privately display the purchased edition of the Artwork.

The license includes the right to:

• Download and store the delivered digital file;
• Maintain a backup copy for personal archival purposes. Any such backup copy are part of the same Numbered Edition and shall not constitute a separate edition or transferable copy;
• Privately view, listen to and experience the Artwork;
• Display the Artwork in the Collector's private residence or private collection.
• Display or exhibit the Artwork publicly with the Artist's prior written permission, as described in Section 8

6. Restrictions

The Collector may not:

• Reproduce or distribute copies of the Artwork digitally or physically or in other ways;
• Sell, rent, sublicense or commercially exploit the digital file;
• Upload the full-resolution Artwork to public websites or file-sharing services;
• Use the Artwork in advertising or commercial productions;
• Modify, remix, edit or create derivative works from the Artwork;
• Remove the Artist's authorship information or copyright notice;
• Grant, transfer, sublicense or otherwise confer any rights in the Artwork to another person, except as expressly permitted under Section 13 (Transfer by Collector)

Nothing in this Section prevents the Collector from identifying themselves privately or publicly as the owner of the Numbered Edition or identifying the Artist and Artwork in connection with the Collector's ownership.

7. Artist's Reserved Rights

The Artist expressly retains the right to:

• Exhibit the Artwork;
• Display the Artwork or excerpts from it on the Artist's website and online portfolio;
• Display or stream the Artwork or excerpts on social media, youtube and other platforms;
• Reproduce still images or excerpts for documentation and promotion;
• Include the Artwork in exhibitions, catalogues and publications documenting the Artist's practice;
• Maintain archival copies of the Artwork;
• Use excerpts or documentation for publicity, press and artistic promotion;
• Perform or otherwise use underlying poems, texts, lyrics and musical compositions independently of the purchased edition, subject to any rights belonging to third parties.
  

The Artist's continued exhibition, documentation or promotion of the Artwork does not constitute the creation or sale of an additional numbered edition. All rights not expressly granted to the Collector under this Agreement are reserved by the Artist. The Artist retains the right to identify herself as the author and creator of the Artwork and of the underlying works created by her, and to use her name, artist name and biographical information in connection with the documentation, exhibition, publication and promotion of the Artwork.

8. Public Display and Exhibition by the Collector

The Collector may request the Artist's prior written permission to publicly display, exhibit, screen, project, perform or otherwise make the Artwork available to the public. The Artist will consider such requests in good faith and may approve, refuse or approve a request subject to reasonable conditions.

The purchase of the numbered digital edition does not, by itself, grant the Collector an automatic right to publicly display, exhibit, screen, project, perform, stream or otherwise make the Artwork available to the public.

Any permission for public display or exhibition must be granted expressly in writing by the Artist and may be subject to reasonable conditions concerning the manner, location, duration and context of the display.

Where the Artist grants such permission, the Collector may publicly display or exhibit the Artwork within the scope of that permission.

9. Commercial and Third-Party Uses

Commercial use, synchronization, licensing, reproduction, public performance, broadcasting, advertising use or incorporation of the Artwork into another commercial work requires a separate written agreement with the Artist and/or other applicable rights holders.

The Collector may contact the Artist to discuss and request such additional rights. Any additional rights granted to the Collector shall be agreed separately in writing and may be subject to additional terms and fees. Any such permission must identify the specific rights granted, territory, duration, permitted use and, where applicable, remuneration or fee.

10. Artificial Intelligence, Computational Analysis and Data Use

Use of the Artwork for artificial intelligence analysis, machine learning, automated or computational analysis, data extraction, data mining, vocal synthesizing, text and data mining, dataset creation, model training, fine-tuning, testing, benchmarking, evaluation, or incorporation into an AI or automated system requires the Artist's prior express written authorization. For the avoidance of doubt, no licence granted under this Agreement includes any right to use the Artwork or any part of it for artificial intelligence, machine-learning, dataset creation, model training, synthetic-media generation or comparable computational purposes.

Without limiting the foregoing, the Collector is not allowed to:

• Upload, submit, transmit or otherwise provide the Artwork, or any part of it, to an artificial intelligence system, generative AI system, machine-learning system, neural network, algorithmic model or other automated computational system for analysis, training, learning, testing or development purposes;
• Use the Artwork or any part thereof as training data, input data, reference data, source material, dataset material or evaluation material for any artificial intelligence or machine-learning model;
• Extract, scrape, harvest, index, catalogue, fingerprint, tokenize, embed or otherwise computationally process the Artwork or its underlying content for the purpose of creating or contributing to a dataset, database, model or automated system;
• Use the Artist's voice, speech, spoken-word performance, vocal characteristics, musical performances, compositions, recordings, poems, texts, lyrics or other artistic material contained in or associated with the Artwork to train, develop, fine-tune, test, generate or improve any artificial intelligence or machine-learning system;
• Use the Artist's voice, likeness, speech, spoken-word performance, vocal characteristics, speech patterns or performances to create, synthesize, clone, imitate or generate an artificial or synthetic voice or other simulated performance;
• Use the Artist's music, compositions, sound recordings or performances to generate, synthesize, imitate, reproduce or create new music, sound recordings or other audio outputs through artificial intelligence or other automated systems;
• Use the Artist's poems, texts, lyrics or other literary works as prompts, training material, datasets or computational source material for the purpose of generating, reproducing, adapting, paraphrasing or otherwise creating new literary or artistic material;

This restriction does not prohibit ordinary technical processing automatically performed by a device, operating system, media player, storage system or other technology solely for the purpose of storing, displaying, transmitting or experiencing the Artwork, provided that such processing does not result in the creation of a dataset, model, derivative work or other independent use of the Artwork.

• Use the Artwork or any underlying element of the Artwork to develop, train, fine-tune or improve a system capable of generating works that reproduce, imitate or materially derive from the Artist's voice, music, texts or other artistic expression; or
• Permit or authorize any third party, platform, service provider, artificial intelligence company, data broker or other person to undertake any of the foregoing activities.

For the avoidance of doubt, the prohibition applies whether the processing is performed directly by the Collector or indirectly through a third-party platform, cloud service, software application, website, artificial intelligence service or other technological service.

The Collector shall not upload the Artwork to any service whose terms and conditions permit the service provider to use uploaded content for artificial intelligence training, machine learning, dataset development, product improvement or comparable computational purposes.

The Artist expressly reserves all rights concerning the use of her voice, musical works, sound recordings, performances, poems, texts, lyrics and other artistic works in connection with artificial intelligence, machine learning, automated systems, synthetic media and computational analysis.

For the purposes of this Agreement, the restrictions in this Section apply whether or not the resulting use, output, model, dataset or other result is commercial, monetized or publicly distributed.

These restrictions are in addition to, and do not replace, any copyright, moral rights, performers' rights, privacy rights, personality rights, contractual rights or other rights available to the Artist or other applicable rights holders under applicable law.

11. Third-Party Contributors

Where the Artwork incorporates sound, images or other contributions created by third parties, the rights of those contributors remain subject to their respective agreements.

The Artist represents, to the best of her knowledge and insofar as necessary for the rights expressly granted under this Agreement, that she has obtained the permissions required from identified third-party contributors. The Artist does not grant the Collector any rights belonging to third parties that are not expressly owned or controlled by the Artist.

12. Authenticity and Provenance

The Certificate of Authenticity identifies the Collector's edition number and forms part of the provenance documentation of the Artwork.

The Collector shall not falsely represent the Artwork or the numbered edition as having been created by anyone other than the Artist, Katja-Anina Brosius. The Collector shall not remove, alter or falsify the Certificate of Authenticity or provenance information associated with the edition.

13. Transfer and Resell by Collector

The Collector may resell or otherwise transfer ownership of the purchased edition to a third party, subject to the conditions of this Section.

(a) The transfer is of the purchased Numbered Edition as a whole and not of any individual file, component or right comprised within the Artwork;

(b) The Collector shall notify the Artist of the transfer and, where reasonably practicable, provide the Artist with the name and contact details of the transferee for provenance purposes, while making sure to maintain all privacy/GDPR notices;

(c) Before or simultaneously with the transfer, the transferee receives a copy of this Agreement and expressly agrees in writing to be bound by the terms of this License Agreement applicable to the purchased Numbered Edition;

(d) No copyright, intellectual-property right, moral right, or right in any underlying work is transferred by such sale.

Upon completion of a permitted transfer and the transferee's express written acceptance of this Agreement, the licence granted under Section 5 shall transfer to and become exercisable by the transferee, and shall simultaneously terminate as to the transferring Collector.

The transferring Collector shall cease using the digital Artwork and shall delete or render inaccessible all copies in their possession or control, including personal backup copies, except to the extent retention is required by law or reasonably necessary for evidentiary purposes.

The Artist may update the provenance record to identify the current holder of the edition.

No transfer shall create any right to reproduce, modify, commercially exploit, publicly perform, publicly communicate, license, sublicense or otherwise exploit the Artwork or any underlying work beyond the rights expressly granted under this Agreement.

14. Edition Closure

Once all numbered editions have been sold, the edition will be regarded as closed.

The Artist will not issue additional numbered collector editions of the same Artwork.

This does not prevent the Artist from retaining archival copies or from displaying, documenting or promoting the Artwork.

Any artist's proof(s), archival copy/copies, exhibition copy/copies or technical/master copies are not part of the numbered edition and shall not be sold or transferred as collector editions.

15. Breach and Termination

If the Collector materially breaches this Agreement, including by reproducing, distributing, commercially exploiting, modifying, licensing, sublicensing or submitting the Artwork or any part thereof to an artificial intelligence or machine-learning system in violation of this Agreement, the Artist may terminate the Collector's license by written notice, subject to applicable law.

Where the breach is capable of remedy, the Artist may first give the Collector written notice requiring the breach to be remedied within a reasonable period specified in the notice. Where the breach is not remedied within that period, the Artist may terminate the licence.

Termination or cancellation of the Collector's license as a result of the Collector's breach shall not entitle the Collector to a refund, reimbursement or repayment of the purchase price or any other amounts previously paid to the Artist in connection with the purchase of the Artwork subject always to any mandatory rights or remedies that cannot lawfully be excluded under applicable law. 

Termination shall not affect the Artist's ownership of copyright or other intellectual-property rights, nor shall it limit any other rights or remedies available to the Artist under applicable law.

Sections concerning copyright, underlying works, AI and computational restrictions, attribution, and any provisions which by their nature are intended to survive termination shall remain effective following termination.

16. Governing Law

This Agreement shall be governed by the laws of Luxembourg.

Subject to any mandatory jurisdictional rights applicable under consumer-protection or other applicable law, the courts of Luxembourg shall have jurisdiction over disputes arising out of or in connection with this Agreement.

17. Payment & Conclusion of the Contract

The purchase contract is concluded upon the Artist’s acceptance of the Collector’s purchase and receipt of the full purchase price by the Artist. Ownership of any physical component of the Numbered Edition remains with the Artist until the full purchase price has been received.

Unless otherwise agreed in writing, the Collector is responsible for all shipping and delivery costs associated with the physical components, including, where applicable, shipping insurance, customs duties, import taxes, customs clearance fees, and any other taxes, charges or costs imposed by the destination country or its authorities, as well as reasonable costs arising from temporary or intermediate storage required in connection with delivery.

The digital edition licence becomes effective upon receipt of the full purchase price and delivery of the digital edition, subject always to any mandatory statutory consumer rights or other rights that cannot lawfully be excluded or limited. The digital components of the Artwork are transfered via downloadable file.

18. Entire Agreement and Acceptance

This Agreement constitutes the agreement between the Artist and the Collector concerning the purchase, ownership and use of the numbered edition. The Certificate of Authenticity identifies the edition and forms part of its provenance documentation.

Nothing in this Agreement excludes or limits any mandatory rights or remedies available to a Collector who qualifies as a consumer under applicable law.

Nothing in this Agreement shall constitute a waiver or transfer of any moral rights or similar non-economic rights of the Artist, except to the extent such waiver or transfer is expressly permitted and required by applicable law.

The Agreement is made available to the Collector before, or latest with purchase. By purchasing the Artwork, the Collector accepts and agrees to this Agreement.

Any additional rights granted to the Collector must be expressly agreed in writing by the Artist.


Last revision: 12.09.2026