4.1. Sole and Exclusive Ownership: All Intellectual Property Rights in and to all Artwork, whether Graphite Sketch or Art Installation, created and offered by Deepti Bangia under the brand DEEPTI BANGIA, are and shall remain the sole and exclusive property of Deepti Bangia. This includes, without limitation, the right to reproduce, distribute, publicly display, perform, and create derivative works from the Artwork.

4.2. Copyright Distinction: The purchase of any Artwork, whether Oil or Acrylic Paintings or Art Installation, grants the Customer only the physical possession of the tangible item, as explicitly stated herein. It does not transfer ownership of the Intellectual Property Rights, including copyright, in the Artwork. The copyright in the Artwork remains vested solely with Deepti Bangia. 

4.3. Prohibited Uses: The Customer is strictly prohibited from: 

A. Reproducing, copying, distributing, publicly displaying, or performing the Artwork in any form or by any means, whether electronic, mechanical, or otherwise, without the express prior written consent of Deepti Bangia. 

B. Creating derivative works based on the Artwork. 

C.Using the Artwork for any commercial purpose, including but not limited to advertising, merchandising, or resale, without a separate, explicit commercial license agreement with Deepti Bangia. 

D. Modifying, altering, or adapting the Artwork in any way. 

4.4. Enforcement of Rights: Deepti Bangia reserves the right to take all necessary legal action, including seeking injunctive relief and damages, against any individual or entity that infringes upon his Intellectual Property Rights. The Copyright Act, 1957, provides robust protection for artistic works, and any unauthorized use constitutes infringement.

4.5. Custom Engagements and Commissions: For the avoidance of doubt, the retention of all Intellectual Property Rights and exclusive copyright by Deepti Bangia as detailed in Section 4.1 and 4.2 expressly applies to all custom artwork, commissioned projects, and independent engagements. By commissioning a custom artwork, the Customer explicitly agrees that this constitutes an “agreement to the contrary” under Section 17 of the Copyright Act, 1957. The Customer acknowledges that valuable consideration is paid solely for the physical execution and possession of the final tangible artwork, and absolutely no statutory or intellectual property rights vest in the Customer.

4.6. Portfolio and Promotional Rights: The Artist retains the absolute, irrevocable right to display, publish, exhibit, and promote all created artworks, including but not limited to final commissioned pieces, original physical canvases, and digital art, across all platforms, social media, websites, and physical galleries for portfolio, marketing, and promotional purposes. The Customer’s purchase of physical artwork does not restrict these inherent promotional rights.

4.7. Ownership of Preliminary Drafts and Concepts: All preliminary sketches, rejected drafts, conceptual notes, iterative canvases, and incomplete works created during the artistic process remain the sole physical and intellectual property of the Artist. The Customer acquires no rights, title, or interest whatsoever to any materials or drafts other than the final, specific physical canvas for which valuable consideration was remitted.

4.8. Assertion of Moral Rights: The Artist strictly asserts and retains all Special Rights (Moral Rights) under Section 57 of the Copyright Act, 1957. The Customer shall not distort, mutilate, physically modify, or take any action in relation to the physical Artwork that would be prejudicial to the Artist’s honor, reputation, or creative integrity. Furthermore, any permitted public display of the artwork must be accompanied by appropriate attribution to ” DEEPTI BANGIA.”