Copyright and License Terms

LEGAL

Unless otherwise stated, the following terms apply to all works presented on this website, as well as any other works purchased from Ben Mortimer, whether as a one off print, or a commissioned work.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

This agreement was last updated 9^th March 2025, and applies to purchases made subsequent to this date.

COPYRIGHT

The copyright, as well as all moral rights in relation to all works created by Ben Mortimer (hereafter also referred to as “The Artist”) remains with Ben Mortimer in accordance with the 1988 Copyright Designs and Patents Act. 

Any assignment of copyright by The Artist to any other party will only be made in writing, in a separate agreement.

USE OF CONTENT FOR MACHINE LEARNING (AI)

Under no circumstances may the content on this website (either images or written content) be used to train machine learning systems, either through replication of this content into a dataset, or through direct ‘sampling’ of the website by machine learning systems.

To be clear, none of the subsequent wording in this agreement will be taken to override, modify, or soften the statement in the paragraph above. The content on this website is not to be used for AI training.

REUSE AND DISTRIBUTION OF IMAGES 

NON-COMMERCIAL

The Artist hereby grants a conditional license for the non-commercial, digital redistribution of their images through social media by private individuals. Specifically any individual may publish or share images from this website, on any social media platform in the form of a ‘post’ or as an ‘avatar’. This license does not extend to images sold as ‘printables’ as described below.

In addition The Artist grants a non-commercial license to create derivative works, both physical and digital, based upon the images and text published in the ‘fiction’ section on this website (including but not limited to remixing the artist’s images into new works, and creating so-called ‘fan works’) as long as the work and the person creating the work does so in line with the conditions laid out below. This license does not extend to other works published on this website.

These licenses are granted under the following conditions:

• The post identifies Ben Mortimer as the creator of the image, and provides a link to this website, or to social media accounts owned and operated by Ben Mortimer.
• The image and the post in which the image is used are not for commercial purposes, nor to the financial benefit of the poster or any entities or parties the to which the poster is connected.
• The post and the posting account are non-political and can in no way be construed as attributing political views or affiliations to The Artist.
• The posting account has never advocated for political platforms that actively harm ‘marginalised’ groups, as defined by The Artist.
• ‘remixing’ and the creation of derivative works is not done by a corporate entity, e.g. a limited or public limited company under UK law, or equivalent organisations formed under non-UK law.

This license may be revoked at any time, however The Artist undertakes to not ask for the removal of images that have already been posted unless the posting account violates one of the above conditions.

COMMERCIAL

Any person or organisation wishing to use any images or writing created by The Artist for commercial purposes, whether that be for direct financial benefit in the creation of a product featuring or based upon those images, or for indirect financial benefit in the form of promotion and advertising must obtain a separate license from The Artist to do so. 

In the event that works belonging to The Artist are used for commercial purposes without a license, The Artist reserves the right to designate a license value to the works being used, and to invoice for the use of those works.

Derivative works created by private individuals may be used by those individuals for promotional portfolios, including where that portfolio is used to generate indirect financial benefit for that individual, without prior permission from The Artist, however these works must provide attribution for the original work to The Artist.

PRINTS

The ownership of a print does not transfer ownership of copyright of the image in the print. As such any image owned as a print may only be reproduced digitally, in accordance with the terms above. No person or organisation may make a physical copy of any work, in whole or in part, created by The Artist, without the express written permission of The Artist.

The sole exemption to this clause is if the work in question is featured in the background of a photographic or video recording (including film), and is not the subject of said recording. In this instance, The Artist waives their right to be identified as the creator of the work, and consents to this specific use of their image for commercial purposes. The Artist does not, however, consent to the use of their work in the background of photographs or videos used for political purposes, nor by any entity that has ever advocated for political platforms that harm marginalised groups.

PRINTABLES

For the purposes of this agreement, a ‘printable’ will be defined as:

“A work that has been made available in a digital ‘package’ containing a high-res image file in png, jpg or svg format, a pdf set up to be sent to printers in at a minimum of 300dpi at A4 paper size, and a license granted by The Artist to make copies of the work for personal use, including non-commercial distribution to friends and family.”

The files sold as ‘Printables’ are not to be distributed, either through public means (such as publication on websites or social media platforms) or by any other method (including, but not limited to e-mail, file transfer protocol, bit torrent, we-transfer, or physical media such as USB storage device). The sole exception to this is when sending the files to a printing company.

Physical artefacts – such as, but not limited to, prints, t-shirts, mugs, or the like – may be created from the ‘printables’, either by the licensee, or by 3^rd parties contracted by the licensee, but may not be sold under any circumstances. They may, however, be given as gifts.

For the avoidance of doubt, Printables may not be used for commercial purposes under any circumstances.

COMMISSIONS 

Unless otherwise agreed, the copyright on any commissioned works is assumed to be held by The Artist. The artist grants the person who has ordered the commission, (hereafter referred to as ‘The Client’) the right to make reproductions of the work, both physical and digital, without the prior permission of The Artist.

It is assumed that The Artist may use the commissioned work for their own promotional purposes on this website, through social media, and in any other way The Artist sees fit. In addition, The Artist reserves the right to make and sell reproductions of the commissioned work.

Where practical, The Artist will endeavour to provide The Client with the original artwork created for the commission (where such a work exists). Where this is not possible The Artist will provide The Client with either a physical print of the artwork made to the same standard as other prints sold by The Artist, or a digital scan/copy of the artwork at a minimum resolution of 600dpi.

ORIGINAL WORK

Unless otherwise agreed, purchase of an original work does not automatically transfer copyright. 

The Artist agrees that the owner of an original work (hereafter referred to as “The Owner”) may make reproductions of the artwork, both physical and digital, without prior permission of The Artist. The Owner may also reassign ownership of the artwork (and all associated rights) to any other party they wish.

The Artist asserts their right to be identified as the creator of the work where applicable, to use the artwork for their own promotional purposes on this website, through social media, and in any other way The Artist sees fit, and to make and sell reproductions of the artwork. 

RESALE OF COMMISSIONS AND ORIGINAL WORK

Unless agreed in a separate, written agreement, it is understood by commission Clients and Owners of original works (hereafter jointly referred to as ‘The Buyer’ or ‘Buyers’) that any increase in value of works is down to an increase in the profile of The Artist.

As such, any profit made by the resale of original works and commissions is to be split between The Artist and The Buyer, on a 50/50 basis.

For the purposes of this agreement ‘profit’ is defined as the difference in price between the original purchase price from The Aritst, and the resale price, less any applicable taxes and costs such as (but not limited to) auction fees, gallery fees, postage and delivery.

In addition, the Buyer agrees to offer The Artist ‘first refusal’ on any resale of the work, at the original purchase price. In no way does this convey upon The Artist the obligation to buy the work back.