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Copyright Notice

1. Ownership and Subsistence of Copyright

All artistic works displayed, reproduced, or otherwise made available on this website — including but not limited to oil paintings, mixed media works, ceramic sculptures, drawings, photographic reproductions of such works, and any accompanying written content (collectively, the “Works”) — are the original intellectual creations of Merly Chiquinquira Trappenberg Gomez, professionally known as Merly Trappenberg (hereinafter, “the Artist”).

Copyright in each of the Works subsists automatically, from the moment of creation, pursuant to the Curaçao National Ordinance on Copyright of 1913 (Auteursverordening 1913), as amended, and is further recognized internationally under the Berne Convention for the Protection of Literary and Artistic Works, to which the Kingdom of the Netherlands (extending to Curaçao as a constituent country) is a party. No registration, deposit, or formal application is required for copyright to exist; this Notice serves as a public assertion and reminder of rights that already vest in the Artist by operation of law.

2. Scope of Protection

Copyright protection under this Notice extends to both:

(a) Economic (Exploitation) Rights — the Artist's exclusive right to reproduce, publish, distribute, publicly display, adapt, or otherwise commercially exploit the Works, or to authorize others to do so; and

(b) Moral Rights — the Artist's inalienable right to be identified as the creator of the Works, and to object to any distortion, mutilation, or other modification of, or derogatory action in relation to, the Works that would be prejudicial to her honor or reputation.

Moral rights, as recognized under the Auteursverordening 1913, remain vested in the Artist regardless of any transfer of economic rights and cannot be waived or assigned.

3. Duration

Copyright protection in the Works subsists for the life of the Artist and for a period of fifty (50) years following her death, in accordance with Article 37 of the Auteursverordening 1913, after which the Works enter the public domain unless otherwise extended by applicable law.

4. Prohibited Uses

Except as expressly permitted under Section 5 of this Notice, no person or entity may, without the prior express written consent of the Artist:

(i) reproduce, copy, download, screenshot, or archive any image of the Works, in whole or in part, in any format or medium;

(ii) distribute, publish, broadcast, or transmit the Works, including via social media, print media, or any other public or private channel;

(iii) create derivative works, alterations, or adaptations based upon the Works;

(iv) use the Works, or any element thereof, for commercial purposes, including but not limited to merchandise, advertising, or resale; or

(v) remove, obscure, or alter any copyright notice, attribution, or signature appearing on or in connection with the Works.

Any unauthorized use as described above may constitute copyright infringement under the Auteursverordening 1913 and may expose the infringing party to civil liability, including but not limited to claims for damages, injunctive relief, and account of profits, as well as potential criminal sanctions where applicable under Curaçao law.

5. Permitted Use

Notwithstanding Section 4, the Artist grants a limited, non-exclusive, non-transferable license to visitors of this website to:

(i) view the Works for personal, non-commercial enjoyment; and

(ii) share direct hyperlinks to this website's pages, provided that no image or content is independently extracted, rehosted, or reproduced in doing so.

This limited license does not extend to any commercial, editorial, promotional, or derivative use, all of which require separate written permission as described in Section 6.

6. Requesting Permission

Requests for licensing, reproduction, press or editorial use, exhibition catalog inclusion, commercial use, or any use beyond that expressly permitted under Section 5 must be submitted in writing to the Artist's authorized representative at:

contact@merlytrappenberg.com

No use beyond Section 5 shall be deemed authorized unless and until the Artist (or her authorized representative) has granted express written consent, which consent may be subject to conditions, including attribution requirements and licensing fees, at the Artist's sole discretion.

7. Evidentiary Basis of Authorship

Certain of the Works have been registered with the Bureau for Intellectual Property Curaçao (BIP) through its i-Envelope date-stamping service, providing documented evidentiary proof of the date of creation and authorship, in support of the Artist's rights under this Notice.

8. Governing Law and Jurisdiction

This Notice, and any dispute arising in connection with the copyright in the Works, shall be governed by and construed in accordance with the laws of Curaçao, including the Auteursverordening 1913, without regard to conflict-of-law principles. Any dispute shall be subject to the exclusive jurisdiction of the competent courts of Curaçao, without prejudice to any additional remedies available to the Artist under international copyright treaties to which Curaçao is a party.

9. Severability

If any provision of this Notice is held to be invalid or unenforceable under applicable law, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Notice shall continue in full force and effect.

10. Reservation of Rights

All rights not expressly granted herein are reserved by the Artist. This Notice does not constitute a waiver of any right available to the Artist under the Auteursverordening 1913, the Berne Convention, or any other applicable law, whether or not expressly referenced herein.

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