Artist collaboration terms

These terms govern how you apply to the Odoardo Art™ catalogue and how your work is present in it.

This document contains the full conditions of the collaboration: the licence, remuneration, deadlines and the rules for signing. We conclude no separate agreement on paper. The conclusion of the agreement and the grant of the licence are governed by the “Grant of licence” provision of the “Licence” section, and an earlier agreement with the Operator, if you had one, is replaced by these terms under the “Earlier agreement” clause.

If you had an earlier agreement with the Operator before accepting these terms, from the moment of acceptance these terms replace it for the future. You grant the licence to a work handed over earlier at the moment of acceptance, in accordance with the “Grant of licence” provision of the “Licence” section. Settlements for the earlier period are made under the previous agreement.

We charge nothing for applying, for the portfolio review, for presence in the catalogue, or for releasing a work. You bear no costs of the collaboration.

Matters not regulated here are governed by the General Terms.

You apply in Odoardo ID™ by giving a portfolio address and accepting the required documents.

One account may hold only one application to the catalogue.

You apply only in your own name, as the author of the work.

The curatorial decision is discretionary and is not subject to appeal. You may, however, contest a refusal or a removal of material for a breach of these terms or of the law under the “Restrictions on our own initiative” clause of the General Terms.

A refusal carries a curator's note, which we pass on to you. The note opens no appeal against a discretionary curatorial decision.

We guarantee no deadline for considering an application. The decision is sent to the address assigned to the account.

Neither an application nor a positive decision creates a claim to have a work released, to a particular run, or to revenue.

A refusal does not close the way to applying again. You reapply from the same account, within the existing application.

After a positive decision you complete your profile: personal or company details, a pen name, a note about yourself and a photograph. You give your settlement details under the “Settlement details” clause.

You present one work in the catalogue. The choice is yours, but it is final: once a work is accepted we neither exchange it for another nor add further ones beside it.

You supply, through Odoardo ID™, the source file of the work at print quality: a square JPG or PNG file at least 3072 pixels on each side. The deadline is 5 working days from a positive curatorial decision. If we reject the file you supplied, you may send a new one through the same form in Odoardo ID™.

We enclose your letter to the patron with every released copy. We agree the wording of the letter with you within 10 working days of a positive curatorial decision.

The deadlines in the “The file” and “Letter to the patron” clauses are indicative, and their passing has no legal effect. When we are waiting for your move, we remind you of it in a message to the address assigned to the account.

You may use the promo pack and the Odoardo™ brand marks made available to you in Odoardo ID™, on a non-exclusive basis and solely to communicate that your work is in the Odoardo Art™ catalogue. You may not change the content of the materials or the appearance of the marks. This right expires when the collaboration ends.

You grant the licence as the person submitting the work. The licence is received by TITUTO Sp. z o.o., referred to as “the Operator” or “we”. In the proof of the licence your details appear under the name “Licensor” and the Operator's under the name “Licensee”. The licensing provisions, like the rest of the terms, address you directly.

You conclude the collaboration agreement by accepting the Artist Collaboration Terms. You grant the licence to a specific work when you submit that work: you then grant the Operator a non-exclusive licence to use that work commercially and to distribute it. You grant the licence to a work handed over before accepting the terms at the moment of acceptance.

You may use the work outside the catalogue and grant licences to others. An exclusive licence you grant to someone else does not limit the licence granted to the Operator until the licence granted to the Operator is terminated under the “Term and territory” provision.

The licence is granted for an indefinite term, within the duration of the economic copyright, and is not limited territorially. Either party may terminate it with one year's notice, effective at the end of a calendar year.

The licence covers fixing the work and producing copies of it by any technique, in particular printing and digital technique, on any medium and in any format.

The licence covers the sale, rental and lending of copies of the work — alone and in sets — through any channel of physical and online distribution, as well as their public display. The Operator may authorise buyers to display the copies they have acquired publicly, including in commercial spaces.

The licence covers making the work publicly available in such a way that anyone may access it at a place and time of their choosing, in particular online, for presenting the catalogue, selling copies and serving their buyers, and for promotional and marketing purposes, as well as publicly displaying the work and entering it into computer memory.

You authorise the Operator to make the technical changes that printing or the format of a medium requires — cropping, scaling and colour correction — as long as they do not affect the artistic substance of the work.

The licence covers placing the work in materials describing it and the catalogue — interior visualisations, the collection certificate, the letter to the patron, and press and social media materials — together with permission to exercise, and to authorise the exercise of, derivative rights as far as preparing such materials requires. That permission does not extend to creating new works of art on the basis of the work.

The Operator may entrust use of the work to those it engages in performing the service — a printer, a binder, an agency running its communication channels — and grant them a sub-licence within the fields of exploitation set out in the “Fixing and reproduction”, “Placing on the market”, “Digital distribution” and “Materials about the work” provisions, solely in order to perform this contract and on its own responsibility towards you.

The commission set out in the “Commission” clause of the Artist Collaboration Terms is the whole of your remuneration for granting the licence across the fields of exploitation set out in the “Fixing and reproduction”, “Placing on the market”, “Digital distribution” and “Materials about the work” provisions, promotional and marketing use included. To that extent the parties exclude the rule of separate remuneration in Article 45 of the Act on Copyright and Related Rights.

Ending the collaboration does not terminate the licence. From the day the collaboration ends, however, the Operator makes no new copies of the work, and the work leaves the catalogue. Nor does the Operator place it in new promotional materials, except those needed to sell copies made earlier. Subject to the provisions of law, the licence ends when it is terminated under the “Term and territory” provision, and its termination takes effect for the future only: from the day of termination the Operator makes no new copies of the work, does not promote it and places it in no new materials at all, including those needed to sell copies made earlier, and removes it from its own websites within 30 days. Termination of the licence also ends the collaboration if it is still running on that day. Both after the collaboration ends and after the licence is terminated, the Operator may sell and distribute copies made earlier until they run out, and you are entitled to commission on that sale on the existing terms. Copies made earlier, whether already sold or sold later, keep the materials that accompany them: the letter to the patron, the certificate and the page of the work's AI assistant used by the owner of the copy. The Operator does not take that page down after the licence is terminated, for as long as it provides the owner of the copy with the work's AI assistant service. The Operator need not remove materials published earlier, in particular on social media and in the press.

For granting the licence and for the use of the work — and on no other account — you are entitled to commission of 20% of the calculation base.

You are entitled to commission on every copy of your work released to a patron in a paid chapter. The base for a copy is the average net price of one frame for that patron in that chapter. It is the total net price due from the patron for all their frames in that chapter, divided by the number of frames for which we release a work in it. A delivery charge paid by the patron is not part of the base. The net price is the gross price less the VAT due.

The base is not reduced by our costs: the main frame, the mini frame, the microchip, the letter, printing, packing or shipping.

A copy sent in place of a damaged or lost one is not a new release and does not entitle you to further commission.

If the patron receives a refund of the part of the chapter price attributable to the frame holding your work, no commission is due on that copy, and on a partial refund of that amount we reduce it in the same proportion. A refund concerning another frame does not change the commission on your copy. Commission already paid is deducted from the next settlement.

Prices paid in a foreign currency are converted into zloty at the average National Bank of Poland rate from the last working day before the day of payment.

The settlement period is a calendar quarter. We send you the sales report by the 15th day of the month following the end of the quarter. A copy belongs to the quarter in which we released it to the patron and is included in the report for that quarter.

Before the first payout you give, in the settlements section of your artist profile in Odoardo ID™, the number of the bank account to which we pay the remuneration. If you do not run a business, you also give there the details we need as the remitter: your PESEL number and tax office if you are resident in Poland, your country of tax residence, and, if you are not resident in Poland, also your foreign tax identification number and date of birth. If you run a business, you give your company name and tax identification number (NIP). Without these details we cannot make a payout. You are responsible for keeping them current under the “Current details” clause.

If you run a business, we pay you against an invoice you issue, within 14 days of its delivery, to the bank account given in Odoardo ID™. The commission is a net amount. If you are an active VAT payer in Poland, you add VAT to it on your invoice.

If you do not run a business, we pay you as income from property rights, and we are the tax remitter. If you are resident in Poland, we calculate and withhold the advance on personal income tax, applying the 50% deductible costs within the limits the Act provides, pay it to the tax office and deliver the PIT-11 statement to you within the statutory period. In the settlements section in Odoardo ID™ you may declare that you waive the 50% deductible costs. We apply the statement from the next payout after you give it, and you may withdraw it at any time. If you are not resident in Poland, the “Residence abroad” clause applies. You receive the amount net of the tax, and its amount is shown in the settlement report. We pay the remuneration within 14 days of sending the sales report, to the bank account given in Odoardo ID™. A licence agreement is not a title to social insurance.

If you are not resident in Poland, we withhold the flat-rate income tax on royalties from the remuneration, pay it to the tax office and deliver the IFT-1R statement to you within the statutory period. We apply the rate under the relevant double taxation treaty once we have received a current certificate of tax residence. Without a current certificate, including once its validity has ended, we apply the statutory rate. You send the certificate through Help in Odoardo ID™.

We may produce at most 10 promotional copies of the work, intended solely for marketing and display. Promotional copies are not for sale and carry no commission.

We release the work as a numbered edition authorised by you. You sign by hand every printed copy of the work, on the front, together with its sequential number, and every copy of the letter that accompanies it. By your signature you mark the work with your name and confirm that the copy is faithful to the original — exercising your moral rights as its author (art. 16 points 2 and 5 of the Polish Act on Copyright and Related Rights). Signing is not a service performed for us and is not paid separately: all of your remuneration is due for the licence, under the “Remuneration” section. You choose when and where you sign.

You may refuse to sign a copy that does not meet your standard of faithfulness to the original. We do not release such a copy to a patron. We print it again and destroy the unsigned one.

You sign in pencil only.

The signature comprises the name or the agreed pen name alone. Dedications, web addresses, symbols and slogans are inadmissible without our express consent.

You send the return shipment with the complete set of signed materials within 7 days of receiving them. The deadline is indicative, and its passing has no legal effect. If the shipment does not come back, we may remind you of it.

The Operator bears the cost of sending materials to you and the cost of the return shipment.

You declare and warrant that you are the sole author of the submitted work of visual art, graphic work or photograph.

You declare that you hold full and unrestricted economic copyright in the work, that those rights are free of third-party rights, in particular of any pledge or exclusive licence granted to another party, and that the Operator's use of the work within these terms will infringe no third-party rights and no law.

The work is a manifestation of individual and original creativity and is neither a borrowing nor a derivative of another's work within the meaning of copyright law.

The work is a work within the meaning of copyright law and is protected by it. Digital tools in your workshop, including those based on artificial intelligence, are acceptable, provided the work remains your own creation. A work nobody authored is excluded, because without copyright protection there is nothing to license. Where we ourselves use artificial intelligence is set out in a separate notice.

The details given in the profile, in particular the name or company, address and settlement details, must match the facts. You are responsible for keeping them current and report any change by editing your profile in Odoardo ID™.

The parties agree that your own signature by hand on the copy of the work and on the accompanying letter is a sufficient and complete marking of authorship.

In promotional and advertising materials and on the website we mark authorship as far as is technically and aesthetically possible. The parties exclude an absolute duty to mark it in every case, in particular on thumbnails, banners and social media.

You exercise author's supervision by raising with us an objection to a copy or material that in your view violates the artistic essence of the work. Until the objection is resolved we do not place such a copy on the market or distribute such material. You do not, however, require prior approval of the technical changes described in the “Technical changes” clause of the “Licence” section, nor approval of individual prints.

As part of the collaboration, you grant the Operator permission to use your name or pen name, photograph, recorded message to recipients, biography, letter to the patron and texts about the work in the catalogue, in materials accompanying the release, in communication about the catalogue, and in promotional materials of the Operator and of the Odoardo™ brand. We may reproduce and distribute the biography, the letter and the texts about the work, and translate them into the languages in which the service operates.

The permission is part of the collaboration, and remuneration for it is included in the commission. It lasts for the duration of the collaboration. After the collaboration ends, and also after the licence is terminated, it continues to the same extent and on the same terms on which the “Survival after the collaboration ends” provision of the “Licence” section lets the Operator continue to use the work. The recorded message to recipients is the exception: we delete it when the collaboration ends and make no further use of it. Materials already printed or sent, in particular the letters accompanying released copies, stay as they are.

You may at any time request an update of the biography or the photograph. We make the change without undue delay.

The biography, the letter to the patron and the texts about the work supplied by you are also the knowledge used by the work's AI assistant (Odoardo Soul™) in Odoardo Art™. To that extent you permit the Operator to reproduce them digitally and to adapt them, in particular by shortening them and splitting them into parts. The permission lasts on the terms of the “Duration of the permission” clause.

The limits of the Operator's liability are set out in the General Terms. The provisions of the “Liability” section supplement them and concern the collaboration with you alone. If you are neither a consumer nor an entrepreneur with consumer-like protection, the Operator's aggregate liability towards you arising from the collaboration is limited to the commission for the last settled quarter or, where that commission is below PLN 100, to PLN 100. The limit does not apply to the obligation to pay commission due or to damage caused intentionally.

The “Third-party claims” clause of the General Terms also applies to claims relating to the work, in particular where a third party alleges that the work, used in accordance with these terms, infringes their rights, or where the declarations in the “Your declarations” section prove untrue.

At our request you will join the proceedings in place of, or alongside, the Operator, as far as procedural law allows. This clause does not apply if you are a consumer or an entrepreneur with consumer-like protection.

You are responsible for the condition of materials sent to you for signing — from the moment of receipt until the return shipment is handed to the carrier.

Either party may end the collaboration on 6 months' notice, effective at the end of a calendar month. The notice period is the same for both sides. You give notice in Odoardo ID™ or at [email protected].

We may end the collaboration with immediate effect where the declarations in the “Your declarations” section prove untrue or where these terms are grossly breached. A gross breach on your side is in particular: granting another party an exclusive licence to the work during the collaboration, failing to return the materials entrusted to you despite a demand setting a deadline, repeatedly placing on copies, despite a demand, anything the “A clean signature” clause does not allow, and disclosing information covered by the “Confidentiality of settlements” clause. You may end the collaboration with immediate effect where the Operator grossly breaches these terms, in particular by failing to pay commission despite a call to pay that sets a deadline, using the work beyond the scope of the licence, or placing on the market a copy that violates the artistic essence of the work despite your objection raised under the “Author's supervision” clause.

The effects of ending the collaboration on the licence and the copies are set out in the “Survival after the collaboration ends” provision of the “Licence” section.

Ending the collaboration does not change how commission is settled under the “Remuneration” section.

While your work is in the catalogue, a request to delete the Odoardo ID™ account is notice ending the collaboration, with the notice period set out in the “Notice” clause. In everything concerning you as a customer, the request takes effect at once as set out in the “Deleting the account” clause of the Sales Terms, and in particular your recurring services end when the request is made. We keep the account needed for the collaboration and the last commission settlement until the notice period has ended and that settlement has been made, and then delete it. We tell you so when the request is made. If the work is not in the catalogue, we delete the account at once, and the collaboration ends when the account is deleted. We pay the commission due, including from a later sell-out of copies, to the bank account you have given, and after the account is deleted we send the sales report at your request.

The controller of your data is the Operator, TITUTO Sp. z o.o. Processing is described in the Privacy policy.

You keep the sales volumes of your work and the amounts paid to you confidential, during the collaboration and after it ends. That duty does not cover information we ourselves make public, including the commission rate stated in these terms, nor information the law requires to be disclosed or that you must pass to your tax adviser, accountant or legal representative.

Day-to-day matters are handled through Odoardo ID™ and by e-mail, to the address assigned to your account and to [email protected]. An address is changed by changing the account details and requires no annex. To the address assigned to the account we also send you informational messages about the catalogue and the collaboration, in performance of the contract. You opt out of them with one click on the link included in every such message. We do not advertise other products in them.

This document applies in version 2026-10-01.

We record against your account your acceptance of these terms, by which you conclude the collaboration agreement, and every licence granted to a work you submit: the date and time, the version of these terms, the wording of the provisions accepted, your details and the work the licence covers. These records are the evidence that the agreement was concluded and the licence granted. You download and print the proof of the licence in Odoardo ID™, at https://odoardo.com/en/id/artist/licence.

An amendment to these terms does not change the licence granted to a work submitted before the amendment takes effect. Such a work, including its copies already released, remains governed by the licensing provisions in the wording you accepted.