Artist Registration Agreement
This Agreement governs the registration of original artworks on the Atsur platform and establishes the artist's resale royalty rights in accordance with international best practice, including the EU Resale Rights Directive 2001/84/EC and the UK Artist's Resale Right Regulations 2006, and in alignment with the Nigerian Copyright Act 2022 (Section 17) and emerging African legislative standards.
Parties
This Agreement is entered into between:
Atsur Operations Ltd
A company incorporated for the purposes of operating the Atsur provenance infrastructure platform for African art and cultural heritage ("Atsur", "we", "us", or "the Platform"); and
The Registering Artist
The individual visual artist completing registration on the Atsur platform ("Artist", "you").
Purpose & Scope
This Agreement establishes the terms on which:
• An Artist registers original artworks on the Atsur blockchain-anchored provenance system;
• The Artist's resale royalty rights are recorded, encoded, and made enforceable through the Atsur infrastructure;
• Atsur acts as provenance infrastructure and royalty facilitation layer — not as a collecting society or legal representative of the Artist.
Atsur is provenance infrastructure, not a collecting society. We record, anchor, and facilitate — but artists retain full ownership of their rights and remain responsible for enforcing those rights and for tax compliance on royalties received.
Eligibility
3.1 Who May Register
Registration is open to:
• Visual artists who are the original creators of the work being registered;
• Artists working in any medium recognised under applicable copyright law, including painting, sculpture, drawing, engraving, print, lithograph, tapestry, ceramic, glassware, photography, and mixed media;
• Artists of any nationality, subject to the reciprocity provisions in Section 9.
3.2 Age & Capacity
You must be at least 18 years of age and have the legal capacity to enter into binding agreements. If registering on behalf of an estate, you must provide documentation of your authority to act as estate representative.
3.3 Originality Warranty
By registering a work, you warrant and represent that:
1. You are the sole original creator of the work, or a qualifying co-creator;
2. The work is original and not a copy of another artist's work;
3. You have not previously assigned, transferred, or encumbered the resale royalty right in this work to any third party;
4. The work is protected by copyright under applicable law;
5. Registration of the work does not infringe any third party's intellectual property rights.
The Resale Royalty Right
4.1 Nature of the Right
The resale royalty right ("droit de suite") is an inalienable economic right of the original artist. By registering your work on Atsur, you are recording this right — not selling or transferring it. The right:
• Cannot be waived by you in advance, even by contract;
• Cannot be assigned or transferred to any other person during your lifetime (except as expressly provided in Section 4.4 regarding heirs);
• Attaches to the work itself, not to any particular sale;
• Entitles you to a royalty on every qualifying resale of the work throughout the royalty term.
4.2 Royalty Rate — The Atsur Sliding Scale
Atsur adopts the internationally recognised sliding scale established by EU Directive 2001/84/EC and the UK Artist's Resale Right Regulations 2006, as updated. The royalty is calculated on the net sale price (excluding applicable taxes) as follows:
| Sale Price Band | Rate | Max Royalty (this band) |
|---|---|---|
| Up to £50,000 | 4.00% | Up to £2,000 |
| £50,001 – £200,000 | 3.00% | Up to £4,500 |
| £200,001 – £350,000 | 1.00% | Up to £1,500 |
| £350,001 – £500,000 | 0.50% | Up to £750 |
| Over £500,000 | 0.25% | Capped at £12,500 total |
The maximum total royalty payable on any single sale is £12,500 (or equivalent in the transaction currency at the prevailing exchange rate on the date of sale). This scale is cumulative: each band applies only to the portion of the sale price within that band.
Example: A work selling for £80,000 generates: 4% × £50,000 = £2,000, plus 3% × £30,000 = £900, totalling £2,900.
4.3 Qualifying Sales — What Triggers the Royalty
A royalty becomes payable when ALL of the following conditions are met:
1. The sale is a resale — i.e., not the first transfer of ownership from the artist;
2. The sale is conducted through or with the involvement of an art market professional (gallery, auction house, dealer, or platform) including Atsur-connected marketplaces;
3. The net sale price equals or exceeds £1,000 (or local currency equivalent at prevailing rates);
4. The work is still within the royalty term (see Section 4.5);
5. The work is registered on the Atsur platform at the time of sale.
4.4 Sales That Do NOT Trigger the Royalty
No royalty is payable on:
• Private sales between individuals where no art market professional is involved as principal or agent;
• Sales to non-profit public museums where the work is intended for the permanent collection;
• Sales where the buyer is acting as agent for the artist (i.e., the work is being returned to the artist);
• Sales below the £1,000 minimum threshold;
• The first transfer of ownership from the artist — this Agreement applies only to secondary market resales.
4.5 Royalty Term
The resale royalty right subsists for the life of the Artist plus 70 years from the end of the calendar year in which the Artist dies. After this period, the right lapses and no further royalties are payable.
4.6 Heirs & Estates
On the death of the Artist, the resale royalty right passes to the Artist's heirs or estate in accordance with applicable succession law. To ensure continuity of royalty payments:
• Artists are strongly encouraged to nominate a beneficiary wallet address and estate contact in their Atsur account settings;
• Estates wishing to receive royalties must notify Atsur and provide documentation of authority;
• Atsur will update the registered royalty recipient address upon receipt of valid documentation.
Artist Obligations
5.1 Registration Accuracy
You agree to provide accurate, complete, and up-to-date information at the time of registration, including:
• Your legal name and proof of identity;
• Accurate description and provenance of the work;
• Your wallet address for royalty receipt;
• Any co-creator information where applicable.
5.2 Notification of Changes
You must notify Atsur promptly of any changes to your:
• Wallet address or payment details;
• Legal name (e.g. following marriage);
• Knowledge of any dispute regarding ownership or authenticity of a registered work.
5.3 Tax Compliance
Royalty payments received through Atsur may constitute taxable income in your jurisdiction. Atsur does not provide tax advice. You are solely responsible for declaring and paying any taxes due on royalties received. We recommend consulting a tax advisor in your country of residence.
5.4 No Waiver or Encumbrance
You agree not to purport to waive, assign, or encumber your resale royalty right in any way that would conflict with the rights recorded on the Atsur platform. Any such purported waiver is void and unenforceable under applicable copyright law.
5.5 Payout Account & Unclaimed Royalty Escrow
To receive royalty payments through the Atsur platform, you must configure a valid payout account (such as a Paystack subaccount, bank transfer destination, or other payment method made available by Atsur from time to time). You are strongly encouraged to configure your payout account before your first artwork is listed for primary sale. Atsur may, in certain circumstances, require payout account configuration as a condition of listing an artwork for sale.
Where a qualifying royalty is triggered and you have not yet configured a payout account, or where Atsur is unable to route payment to your configured account for any reason, Atsur will instruct its licensed payment processor(s) (currently Paystack and/or Stripe) to hold the royalty amount in a designated sub-balance on your behalf ("Held Royalties"). Atsur acts as your agent in instructing this hold and the subsequent disbursement; Atsur is not itself a custodian or financial institution holding funds. The payment processors are licensed entities operating under their respective regulatory frameworks. Held Royalties remain your property at all times, are ring-fenced as a liability owed solely to you, and do not form part of Atsur's operating assets or become available to Atsur's creditors.
Atsur will notify you by email immediately when Held Royalties arise, with further reminders at 7, 30, 90, and 180 days. You may claim Held Royalties at any time by configuring a valid payout account in your Atsur account settings. Upon completion of identity verification (KYC) and confirmation of your payout account, all accrued Held Royalties will be disbursed to you automatically. Held Royalties that remain unclaimed for 12 months will be subject to a legal hold. Held Royalties remaining unclaimed for 36 months may be treated as abandoned in accordance with Atsur's Unclaimed Funds Policy and applicable law. Atsur will notify you prominently before each of these deadlines.
Where your artwork has been registered on Atsur by a gallery or authorised representative acting on your behalf under a valid representation or consignment agreement (a "Represented Artist" arrangement), royalty parameters may be set by that representative subject to the restrictions set out in Section 6.4. Any Held Royalties accruing to a Represented Artist prior to account activation will be held as described in this Section until you complete account registration and KYC verification using the claim invitation issued by Atsur.
Atsur's Role & Obligations
6.1 What Atsur Does
Atsur will:
• Anchor your artwork's provenance record and royalty parameters to a blockchain, creating a tamper-proof authenticity record;
• Make royalty parameters available to connected marketplaces and art market professionals via API;
• Facilitate royalty triggering and payment routing on Atsur-connected marketplace transactions;
• Maintain records of registered works for the duration of the royalty term.
6.2 What Atsur Does Not Do
Atsur does not:
• Act as your legal representative or collecting society;
• Guarantee payment of royalties from third-party marketplaces not connected to the Atsur API;
• Provide legal or tax advice;
• Authenticate the physical artwork (authentication is a separate inspection process);
• Enforce your rights through legal proceedings on your behalf.
6.3 Data Retention
Atsur will retain provenance and royalty records for a minimum of the royalty term (life + 70 years from date of death, as known to Atsur) plus an additional 7 years for administrative purposes. The blockchain anchor is permanent by design.
6.4 Gallery and Representative Registration: Limits
Where a gallery or authorised representative registers an artwork on behalf of an artist under a Represented Artist arrangement, the following restrictions apply to protect the artist's interests:
• The gallery may set the royalty rate within the standard sliding scale, but may not set a rate below the minimum (4% on the first band) or purport to waive the royalty right on the artist's behalf;
• The gallery may not designate its own account as the royalty payout destination; all royalties must route to the artist's account or, where the artist has not yet registered, to Held Royalties as described in Section 5.5;
• Atsur will issue a claim invitation to the artist immediately upon gallery registration of their artwork, with reminders at 7, 30, and 90 days. The artist retains the right to review and dispute royalty parameters set by their representative within 30 days of receiving the claim invitation;
• Any transaction in which the gallery acts as both representative of the artist and as buyer is flagged for review; in such cases all royalties route to Held Royalties pending artist confirmation.
Fees
Atsur's current fee schedule for artwork registration is set out on the Atsur platform at the time of registration. Atsur reserves the right to introduce or modify platform fees with 30 days' notice. Where Atsur facilitates a royalty payment on a connected marketplace transaction, Atsur may deduct a platform facilitation fee not exceeding 15% of the royalty amount before remitting the balance to the Artist.
Dispute Resolution
8.1 Disputes Regarding Registered Works
If a dispute arises regarding the authenticity, ownership, or originality of a registered work, Atsur reserves the right to flag the work as "under review" on the platform pending resolution. Atsur is not the arbiter of such disputes.
8.2 Disputes Between Parties
Any dispute arising out of or in connection with this Agreement shall first be referred to mediation administered by a mutually agreed mediator. If mediation fails to resolve the dispute within 30 days, the dispute shall be referred to binding arbitration under the rules of the Lagos Court of Arbitration (or such other body as may be mutually agreed).
8.3 Governing Law
This Agreement is governed by the laws of the Federal Republic of Nigeria. Nothing in this Agreement limits any rights you may have under applicable copyright law in your country of residence or domicile.
Reciprocity & International Scope
Atsur's royalty framework is designed to be compatible with and enforceable in jurisdictions that recognise resale royalty rights under national law or international convention, including EU member states, the United Kingdom, Australia, Brazil, Senegal, and Côte d'Ivoire. Nigerian artists benefit from Section 17 of the Nigerian Copyright Act 2022 as and when implementing regulations are issued. Atsur will update its framework to reflect new African legislation as it comes into force.
Amendments
Atsur may amend this Agreement from time to time. Material amendments will be communicated to registered artists by email with 30 days' notice. Continued use of the platform after the notice period constitutes acceptance of the amended terms. You may terminate your registration at any time, though the blockchain provenance anchor and royalty record for already-registered works will remain on-chain.
Agreement
By completing Artist Registration on the Atsur platform, you confirm that you have read, understood, and agree to be bound by this Artist Registration Agreement. You confirm that the information you have provided is accurate and that you are the original creator of the work(s) being registered.
