1. Parties and Nature of the Agreement

This agreement is entered into between:

(1) Paolo Maria Pavan, known professionally as “MISA”, photographer and visual artist, acting in his personal capacity as an independent creator and represented for legal and administrative purposes by the ITECA Foundation), which manages his copyright and image rights;

and

(2) The Participant, the individual appearing in the photographs taken during the artistic session covered by this release.

Distribution phase.

Following creation, the resulting works will be curated, presented, and distributed through platforms and channels managed or supervised by MISA and the ITECA Foundation, and through ALTROVERSO, a registered trademark licensed to Palazzo Italia B.V. (est. 2021 | Netherlands | BTW: NL 86 2264406 B 01 | KvK: 81905297, hierinafter “ALTROVERSO”). ALTROVERSO shall operate as the official editorial and cultural platform for dissemination of MISA’s artistic works under ITECA’s authorization. Such distribution is carried out for artistic, editorial, and cultural communication, including exhibitions, catalogues, and digital publications, and excludes any advertising, sponsorship, or commercial licensing. Any future use beyond these purposes shall require a new, explicit authorization from both MISA and ITECA.

Archiving and preservation.

All photographic materials, including originals and reproductions, are archived and preserved under the exclusive supervision of the ITECA Foundation, which is responsible for the long-term management, conservation, and secure digital storage of MISA’s works and related metadata. Archival processing is carried out within the European Economic Area using EU-based infrastructure and is intended to ensure the continuity, integrity, and traceability of the artistic archive as part of the Foundation’s cultural patrimony.

2. Grant of Portrait Rights

The Participant hereby grants to the ITECA Foundation acting as his representative and rights-management entity, the right to fix, reproduce, publish, display, and communicate the Participant’s portrait and likeness as captured in the photographs created during this session.

Purpose and Authorized Uses

This authorization covers all forms of artistic, editorial, and cultural use, including but not limited to:

• Exhibitions in galleries, museums, and cultural institutions;

• Publications, both printed and digital, including catalogues, monographs, and periodicals;

• Inclusion in the artist’s portfolio and related editorial presentations;

• Cultural and institutional communication by MISA, the ITECA Foundation, and ,  under their supervision ,  ALTROVERSO;

• Promotion of the project through the official media and social channels of MISA, ITECA, or ALTROVERSO;

• Archival, research, and documentary purposes connected with the preservation of the artist’s body of work.

• The sale or limited commercial distribution of artistic editions or fine-art prints, when carried out directly by MISA, the ITECA Foundation, or ALTROVERSO as part of authorized artistic or editorial activity, and not as general advertising or commercial licensing

Exclusions and Restrictions

This authorization is strictly limited to the purposes above and expressly excludes any:

• Commercial or advertising use of the images by third parties;

• Sale or licensing of the images as stock photography or for promotional or sponsorship campaigns;

• Use in political, religious, defamatory, or denigrating contexts, or any context likely to harm the dignity or reputation of the Participant.

Territory and Duration

The authorization is worldwide in scope and unlimited in duration, being inseparable from the artistic life of the work and its potential future reproductions, exhibitions, and publications.

Irrevocability

Once granted, this authorization cannot be revoked with respect to uses already made or prepared in the context of artistic, editorial, or cultural dissemination, including publications, exhibitions, and archiving activities carried out under this agreement.

This irrevocability is based on the balance of rights established under Article 21(1) GDPR, which allows restriction of the data subject’s right to object where processing is necessary for the exercise of freedom of expression and information as recognized by Article 85 GDPR and its Dutch implementation in UAVG Article 43.

Any future use beyond the agreed artistic scope shall require a new written authorization.

3. Compensation and Economic Conditions

The Participant acknowledges that their participation in this project is voluntary and of a non-commercial cultural nature. No financial compensation or fee shall be owed, as the purpose of the session is artistic creation, not a commissioned or remunerated service.

Following completion of the project, MISA will provide the Participant with a selection of images from the session in digital format. These images are offered free of charge as a token of appreciation and may be used by the Participant solely for personal and non-commercial purposes, including private sharing, personal archiving, or inclusion in a personal portfolio, provided that such use does not interfere with the artistic integrity, exhibition plans, or publication schedule of MISA or the ITECA Foundation.

No renewal, extension, or additional license is foreseen or required: the authorization granted under this agreement is unique, definitive, and permanent, covering all artistic, editorial, and cultural uses as specified in Section 2. 

4. Copyright and Artistic Integrity

All copyright and related intellectual property rights in the photographs and any derivative works created during this project remain the exclusive property of Paolo Maria Pavan (“MISA”).

The ITECA Foundation acts as the legal representative and manager of those rights, including the publication, reproduction, and licensing of the works for artistic or editorial dissemination.

The Participant grants only the right to use their image and likeness in connection with the works produced under this agreement, within the limits defined in Section 2.

This agreement does not transfer any ownership or moral rights from the Participant to the artist or vice versa.

The use of the images by MISA, the ITECA Foundation, or ALTROVERSO is lawful and fully protected under Dutch and EU law when made for artistic, cultural, and editorial purposes.

Any editing, retouching, or modification of the photographs must remain coherent with the artistic concept and aesthetic of the project.

Cosmetic alterations, the use of filters, or digital manipulations that modify the appearance or meaning of the subject are expressly prohibited.

The use of the images or digital files for training artificial-intelligence systems, biometric extraction, or generative models is strictly forbidden.

For the avoidance of doubt, the use of the photographs by MISA for artistic publications, exhibitions, and the sale of limited art copies or editions is expressly authorized under this agreement and fully protected by Dutch and EU copyright law. 

5. Operational and Legal Clauses

Takedown procedure.

The Participant may request the removal of their image only from online or social media channels directly controlled by MISA, the ITECA Foundation, or ALTROVERSO. Such requests must be made in writing and will be handled in good faith, following the hardship procedure outlined in this agreement.

No takedown or removal shall apply to physical works, printed publications, catalogues, or archival copies, which are protected as artistic works and preserved as part of the artist’s and foundation’s permanent record.

Mutual responsibility and indemnity.

Each party shall bear responsibility for their own actions and shall indemnify and hold the other harmless from any losses or claims arising from their respective breaches of this agreement or from unlawful third-party use of the images. This clause ensures reciprocal protection of both the artist’s creative integrity and the Participant’s personal rights.

Governing law and jurisdiction.

This agreement is governed by Dutch law (Nederlands recht). Any dispute arising from or related to this agreement shall be submitted to the competent court in Utrecht, the Netherlands.

If the Participant qualifies as a consumer, any mandatory consumer venue provisions under Dutch or EU law shall prevail.

Digital signature and validity.

This agreement may be executed through a secure digital signature platform providing identity verification. Electronic execution shall have the same legal effect as a handwritten signature, in accordance with Dutch and EU e-signature regulations.

6. Miscellaneous Provisions

Entire Agreement.

This document constitutes the entire understanding between the Parties regarding the creation and use of the photographs described herein. It supersedes any prior oral or written statements, promises, or arrangements relating to the same subject matter.

Severability.

If any provision of this agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The Parties shall replace the invalid provision with a valid one that most closely reflects their original intent.

No Waiver.

Failure or delay by either Party in exercising any right under this agreement shall not constitute a waiver of that right, nor operate to prevent its future enforcement.

Survival.

Sections 2 through 5 of this agreement shall survive its execution and continue to apply indefinitely, as they relate to ongoing artistic, editorial, and archival uses of the works.

Language.

This agreement is drafted in English, which shall prevail for all purposes. Translations may be provided for convenience only and shall have no legal effect.