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Intellectual Property Policy

Last Updated: 1 November 2025
Effective Date: Immediate upon publication
Issued by: Pro Capital Art Ltd. (“PCA”, “Company”, “We”, “Us”, “Our”)
Website: https://procapitalart.com

1. PURPOSE AND SCOPE

1.1. This Intellectual Property Policy (“Policy”) establishes the rules governing the ownership, protection, use, distribution, reproduction, and enforcement of intellectual property (“IP”) in connection with all artworks, images, materials, and digital assets available on or distributed through the website procapitalart.com (the “Website”).

1.2. This Policy applies to all Users, Visitors, and Customers (“You”, “Your”), and forms an integral component of the Company’s Terms of Use, Public Offer Agreement, Privacy Policy, and Disclaimer.

1.3. By accessing or using the Website, You acknowledge that You have read, understood, and agreed to comply with this Policy.

2. OWNERSHIP OF INTELLECTUAL PROPERTY

2.1. Unless expressly stated otherwise, all intellectual property rights in:

  • artworks presented on the Website;

  • photographs, videos, digital reproductions, and descriptions of such artworks;

  • Website design, layout, textual content, graphics, logos, and branding elements;

  • proprietary tools, software, and database structures;
    are the exclusive property of Pro Capital Art Ltd. or its licensors, artists, estates, or rights holders.

2.2. All content on the Website is protected under:

  • UK Copyright, Designs and Patents Act 1988;

  • EU Intellectual Property Directives;

  • international copyright treaties including the Berne Convention;

  • applicable national IP laws in the Customer’s jurisdiction.

2.3. Nothing in this Policy shall be construed as granting You ownership of the intellectual property associated with the Products or the Website.

3. COPYRIGHT IN ARTWORKS AND ANTIQUES

3.1. Copyright in Original Artworks.
Copyright in artworks (paintings, drawings, sculptures, etc.) remains with the original artist, their estate, or lawful successor unless explicitly transferred by a written agreement.

3.2. Purchase of a physical artwork does NOT transfer copyright.
When You purchase an artwork through PCA, You acquire the physical item only, and not:

  • the right to reproduce the artwork;

  • the right to distribute its images;

  • the right to create derivative works;

  • the right to commercialize the artwork’s image.

3.3. Antique and historical items.
Copyright may not exist in certain antique items due to expiration of the statutory copyright term, yet photographs, digital reproductions, and descriptions created by PCA remain protected.

3.4. Any reproduction or commercial exploitation of artwork images requires explicit prior written consent from PCA and/or the copyright holder.

4. USE OF WEBSITE CONTENT

4.1. Users are granted a limited, revocable, non-exclusive license to access and view Website content solely for:

  • personal use;

  • non-commercial viewing;

  • evaluation of artworks for potential purchase.

4.2. Users may not:

  • copy, reproduce, or distribute Website content;

  • download images or descriptions for commercial use;

  • publish or redistribute photographs of artworks;

  • remove watermarks, metadata, or copyright notices;

  • use automated tools (scrapers, bots, AI extractors) to gather content;

  • create derivative or NFT-based works using Website materials.

4.3. Violations of the above restrictions constitute copyright infringement and may result in civil and criminal liability.

5. TRADEMARKS AND BRAND ELEMENTS

5.1. All trademarks, service marks, logos, slogans, brand names, and design elements associated with Pro Capital Art Ltd. are the Company’s exclusive property.

5.2. Unauthorized use of PCA’s trademarks — including in meta-tags, advertising, domain names, or social media accounts — is strictly prohibited.

5.3. Third-party trademarks appearing on the Website remain the property of their respective owners and are used with permission or under applicable law.

6. DIGITAL REPRODUCTIONS AND DOCUMENTATION

6.1. High-resolution photographs, certificates of authenticity, provenance documentation, and catalog descriptions created by PCA constitute proprietary intellectual property.

6.2. These materials may not be reproduced, redistributed, or used for:

  • resale or auction listings;

  • authentication by third parties without citation;

  • digital publication;

  • AI dataset training;

  • promotional or commercial purposes.

6.3. The Customer may retain such documentation solely for personal record-keeping.

7. COPYRIGHT IN USER-SUBMITTED MATERIALS

7.1. If Users submit reviews, comments, testimonials, or other materials (“User Content”), they grant PCA a worldwide, royalty-free, perpetual license to:

  • display;

  • reproduce;

  • translate;

  • publish;

  • adapt;

  • use in promotional materials;

  • sublicense to third-party services.

7.2. Users confirm that all submitted materials:

  • are their own original works;

  • do not infringe copyright, trademark, or any third-party rights;

  • do not violate rights of privacy or publicity.

7.3. PCA reserves the right to remove any User Content at its sole discretion.

8. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

8.1. PCA respects the intellectual property rights of creators and expects Users to do the same.

8.2. If You believe that any content posted on the Website infringes Your IP rights, You may submit a notification to:
email: info@procapitalart.com
Subject Line: “Intellectual Property – Infringement Notice”

8.3. A valid notice must include:

  • Your full legal name and contact information;

  • A description of the copyrighted work or IP being infringed;

  • URL or specific identification of infringing material;

  • A statement confirming Your ownership;

  • A statement made under penalty of perjury that the information is accurate.

8.4. PCA will review all notices promptly and take appropriate action, including removal or disabling access to the infringing content.

9. ENFORCEMENT AND LEGAL ACTION

9.1. PCA reserves the right to pursue civil and criminal remedies for any unauthorized use of its intellectual property or the intellectual property of third parties presented on the Website.

9.2. Remedies may include, but are not limited to:

  • injunctions;

  • takedown notices;

  • damages claims;

  • recovery of legal fees;

  • reporting to regulatory authorities.

9.3. Unlawful use of Website content may result in immediate suspension or termination of User access.

10. LIMITATIONS AND DISCLAIMERS

10.1. While PCA strives to ensure accuracy in artwork descriptions, provenance notes, and historical records, such information may include professional opinions and should not be interpreted as absolute fact unless supported by certified documentation.

10.2. PCA shall not be responsible for errors in third-party content (e.g., artist estates, external curators, prior auction catalogues).

11. GOVERNING LAW AND JURISDICTION

11.1. This Policy is governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict-of-law principles.

11.2. Disputes arising from intellectual property matters shall be resolved through negotiation or Alternative Dispute Resolution (ADR).

11.3. If no resolution is achieved within 30 calendar days, disputes shall be submitted exclusively to the competent courts of the United Kingdom.

12. AMENDMENTS TO THIS POLICY

12.1. PCA reserves the right to amend or update this Policy at any time to comply with legal, technological, or operational changes.

12.2. The updated version becomes effective immediately upon publication on the Website.

12.3. Continued use of the Website constitutes acceptance of the revised Policy.