Intellectual Property & Copyright

Intellectual Property & Copyright Policy

Last updated: June 2026

1. Purpose of this Policy

This Intellectual Property & Copyright Policy explains the ownership, protection and permitted use of the artwork, creative materials, brands, frameworks, methodologies and other intellectual property created or controlled by Janine Tonkin Art.

It applies to material displayed, supplied, published, presented or made available through:

janinetonkin.com

associated Janine Tonkin Art websites and online shops

Shopify

SumUp

Teemill

social media accounts

exhibitions

markets and events

proposals and presentations

commissioned projects

public art and community projects

workshops

publications

digital platforms

correspondence and private client communications

This Policy forms part of the Terms & Conditions of Janine Tonkin Art.

Accessing, viewing, purchasing, receiving or discussing any material does not transfer ownership or grant permission to use it beyond the limited rights expressly stated in this Policy or agreed in a separate written contract.

2. About Janine Tonkin Art

In this Policy:

“Janine Tonkin Art”, “we”, “us” and “our” mean Janine Tonkin trading as Janine Tonkin Art and any successor business or company through which Janine Tonkin later conducts the same or a related creative business.

“Janine Tonkin” means the artist, designer, creator and developer of the relevant original works and materials.

“Content” means any artwork, design, text, photograph, film, recording, proposal, presentation, framework, methodology, document, product concept, educational material or other creative material created, owned or controlled by Janine Tonkin Art.

“Intellectual Property Rights” includes copyright, moral rights, trade mark rights, design rights, database rights, rights in confidential information, passing-off rights and all related rights existing now or arising in the future.

Unless expressly stated otherwise, Janine Tonkin is the creator and first owner of copyright in her original artistic and literary works. Under UK law copyright generally arises automatically when a qualifying original work is created. Purchasing or commissioning a physical work does not by itself transfer copyright

3. Reservation of Rights

All Intellectual Property Rights in Content created or owned by Janine Tonkin Art are reserved.

No right, licence, consent, assignment or permission arises merely because Content has been:

published online

displayed publicly

posted on social media

included in a proposal

submitted for consideration

discussed during a meeting

presented to a client or public authority

purchased as a physical product

commissioned as an artwork or mural

photographed

shared with project partners

supplied for consultation

included in a funding application

shown at an event

made accessible for community participation

Except where this Policy or a signed written agreement expressly permits use, no Content may be copied, reproduced, adapted, implemented, distributed, published, licensed or commercially exploited without prior written permission from Janine Tonkin Art.

All rights not expressly granted are reserved.

Wild, Wonder & Bloom™

4. The Overarching Creative Philosophy

Wild, Wonder & Bloom™ is the overarching creative philosophy, artistic language and creative ecosystem of Janine Tonkin Art.

It is not limited to one mural, framework, collection, service or product range. It is the creative foundation connecting the complete body of work developed by Janine Tonkin including original artwork, mixed-media practice, public art, collections, products, publications, visual storytelling, community engagement and future creative developments.

Wild, Wonder & Bloom™ has been intentionally researched, developed and refined through Janine Tonkin’s artistic practice, professional experience, experimentation and study of symbolism, nature, emotional connection, personal growth and visual storytelling.

It informs the conception, design, creation and communication of work produced by Janine Tonkin Art.

The Wild, Wonder & Bloom™ Framework is one defined expression and practical application of this wider philosophy and ecosystem. It does not represent the full extent of Wild, Wonder & Bloom™ or the intellectual property connected with it.

5. The Wild, Wonder & Bloom™ Creative Language

The Wild, Wonder & Bloom™ Creative Language is the distinctive and evolving artistic vocabulary expressed throughout Janine Tonkin’s body of work.

It is created through the deliberate selection, symbolism, arrangement, layering, repetition and interaction of recurring visual and written elements. These elements are used to build emotional meaning, invite curiosity and connect individual works to the wider creative identity of Janine Tonkin Art.

The Creative Language may include:

Flowers and botanical forms

Flowers, blossoms and botanical forms frequently appear throughout the work and especially along the lower edge or foundation of compositions.

They represent growth, renewal, hope, healing, connection and the ability to bloom through experience.

Their recurring placement forms an important part of Janine Tonkin’s recognisable visual identity and artistic signature.

Mushrooms

Mushrooms represent hidden wonder, resilience, discovery and the quiet magic found beneath the surface.

They encourage viewers to look more closely and recognise beauty in unexpected places.

Their recurring presence is an important signature feature of the Wild, Wonder & Bloom™ Creative Language.

Butterflies and dragonflies

Butterflies and dragonflies express transformation, movement, freedom, new beginnings and personal change.

They connect the natural world with themes of emotional growth and becoming.

Hearts

Hearts represent love, compassion, connection, kindness, belonging and shared humanity.

They may appear prominently or be embedded within other patterns and details.

Mandalas and circular forms

Mandalas, repeated circles and layered geometric forms reflect balance, wholeness, mindfulness, harmony and the inner world.

They also express the relationship between individual experience and the wider whole.

Stars, sparkles and celestial elements

Stars, sparkles, moons, light effects and celestial details represent wonder, imagination, hope, possibility and light within darkness.

Gems, gemstones and jewel-like elements

Gems, gemstones, crystals, pearls, beads and jewel-like embellishments represent inner strength, value, resilience, beauty and the precious qualities found within ourselves and the world around us.

They may be physical mixed-media elements or painted and illustrated forms.

Paint splatters and expressive marks

Paint splatters, drips, intuitive marks, layered textures and mixed-media effects represent freedom, energy, creative expression and individuality.

Hidden elements

Hidden creatures, symbols, words and visual discoveries invite curiosity and reward careful or repeated viewing.

They are used to create an active relationship between the viewer and the artwork rather than a purely passive viewing experience.

Embedded affirmations and meaningful words

Affirmations, words, phrases and intentional messages may be stamped, painted, written, layered or otherwise embedded into the artwork.

This practice forms part of the original development of Janine Tonkin Art’s affirmation-based products and reflects the role of art as a source of empowerment, reflection and emotional connection.

6. Protection of the Creative Language

Individual ideas such as flowers, mushrooms, hearts, butterflies, stars or affirmations are not claimed as the exclusive property of Janine Tonkin Art.

However, the original artistic expression of those elements and the distinctive way in which they are selected, drawn, painted, arranged, layered, combined, symbolised and incorporated into individual works may be protected by copyright and other applicable rights.

The original compositions, designs, illustrations, texts, photographs, layouts and other recorded expressions created through the Wild, Wonder & Bloom™ Creative Language belong to Janine Tonkin Art unless expressly agreed otherwise in writing.

The Creative Language must not be treated as a free design library, template or system for commercial imitation.

Without written permission, no person or organisation may:

copy a substantial part of a protected composition

trace or redraw protected artwork

reproduce distinctive arrangements from specific works

extract signature elements from artwork for reuse

recreate a mural or product design from photographs

copy written explanations of the Creative Language

reproduce framework diagrams or teaching materials

market copied material as connected with Janine Tonkin Art

create products or services likely to mislead others into believing that they are authorised, endorsed or associated with Wild, Wonder & Bloom™

Nothing in this section prevents another artist from independently creating genuinely original work that uses common artistic subject matter. Protection applies to Janine Tonkin’s original expression and to any additional contractual, brand, design or confidential-information rights that may apply.

7. Collections and the Creative Ecosystem

Unless expressly stated otherwise, all current and future collections, series, product ranges, publications, frameworks, projects and branded initiatives created by Janine Tonkin Art form part of the wider Wild, Wonder & Bloom™ creative ecosystem.

This includes but is not limited to:

Learning to Love

Life is Beautiful – Foreseers

Wild, Wonder™

Wild, Wonder & Bloom™

the Wild, Wonder & Bloom™ Framework

original artworks

limited editions

open-edition prints

fine-art prints

canvas prints

murals

public art

community art projects

illustrations

colouring books and colouring pages

journals and diaries

calendars

affirmation cards and affirmation products

apparel

accessories

homeware

stationery

books and publications

digital resources

educational materials

workshop materials

licensing collections

collaborations

future collections and creative developments

The omission of a collection, product, motif or work from this Policy does not remove or reduce any applicable rights.

A collection or product does not need to display the Wild, Wonder & Bloom™ name on its face to form part of the ecosystem.

8. Wild, Wonder™ and Associated Brand Identities

Wild, Wonder™ is an associated name and brand identity historically and currently used by Janine Tonkin Art in connection with creative projects, public art and related materials.

Wild, Wonder™ and Wild, Wonder & Bloom™ may each be used as trade marks or source identifiers of Janine Tonkin Art whether or not registered.

No permission is granted to use either name or any confusingly similar name in a way that:

suggests a connection with Janine Tonkin Art

implies sponsorship, approval or endorsement

identifies competing artistic or community services

creates confusion about the creator or origin of a project

takes unfair advantage of the reputation or goodwill connected with Janine Tonkin Art

misrepresents another person’s work as part of the Wild, Wonder & Bloom™ ecosystem

The ™ symbol indicates that Janine Tonkin Art claims and uses the relevant wording as a trade mark. It must not be represented as a registered trade mark unless and until registration has been obtained.

Ownership and Copyright

9. Works Protected

Subject to applicable law, Janine Tonkin Art owns or controls Intellectual Property Rights in original material including:

paintings

drawings

sketches

illustrations

collages

mixed-media works

digital artwork

murals and public art

surface patterns

graphic artwork

colouring pages

photographs

films and videos

audio recordings

written descriptions

affirmations

collection names and presentation materials

website content

social media content

newsletters

articles

books

journals

calendars

card decks

product graphics

garment artwork

textile designs

homeware designs

logos and brand assets

packaging

certificates of authenticity

exhibition materials

workshop resources

educational resources

presentations

proposals

pitch documents

mock-ups

visualisations

project plans

consultation materials

design-development documents

research compilations

framework documents

diagrams

reports

marketing materials

original databases and curated collections of material where protected

adaptations and derivative works created or authorised by Janine Tonkin Art

Copyright protects qualifying original artistic, literary and other works automatically. Copyright ownership gives the owner exclusive rights over specified uses including copying, issuing copies and making adaptations subject to statutory exceptions.

10. Physical Ownership Does Not Transfer Copyright

Purchasing or receiving a physical artwork, print, mural, journal, book, garment or other product does not transfer copyright or any other Intellectual Property Rights.

A purchaser ordinarily acquires ownership of the physical item only.

Unless a written agreement expressly says otherwise, a purchaser or commissioning client may not:

reproduce the work

sell reproductions

use it on products

publish it commercially

adapt it

alter it for commercial use

licence it to another party

use it in advertising

use it as a logo or brand identity

mint or sell it as an NFT

create digital assets from it

authorise another person to exploit it

Any assignment of copyright must be expressly agreed in writing. Payment for the creation or ownership of a physical item alone does not amount to an assignment. UK guidance confirms that creators are generally the first copyright owners outside exceptions such as employment or an agreed transfer.

11. Commissioned Work

Unless a signed written agreement expressly assigns specified rights, Janine Tonkin Art retains all copyright and other Intellectual Property Rights in commissioned work including:

commissioned paintings

mural designs

completed murals

illustrations

product designs

mock-ups

sketches

rejected concepts

preliminary ideas

alternative colourways

consultation materials

proposal documents

project photographs

written project narratives

framework materials

The client receives only the rights expressly stated in the relevant written agreement.

A licence to display a commissioned physical artwork does not include a right to reproduce, merchandise, alter or commercially exploit it.

No assignment or exclusive licence is effective merely because a client funded or commissioned the work.

12. Preliminary and Unused Material

All preliminary, developmental and unused material remains the property of Janine Tonkin Art unless expressly assigned in writing.

This includes:

research

preparatory sketches

rough drawings

rejected concepts

draft layouts

alternative compositions

colour studies

notes

prototypes

mock-ups

digital files

templates

working documents

unused proposal content

Payment for a completed project does not transfer ownership of this material.

Janine Tonkin Art may reuse general knowledge, skills, techniques and non-client-specific creative development in future work provided confidential client information is not disclosed.

Proposals, Frameworks and Methodologies

13. Protection of Proposals and Presentations

Creative proposals, presentations, concept documents, submissions, pitch materials and visualisations are supplied solely for the purpose for which they were provided.

Receipt, review, discussion or consideration of those materials does not create permission to:

implement the proposed concept

pass it to another artist or contractor

invite another person to reproduce it

extract individual elements for a different project

adapt the design internally

use the proposal in a funding submission without permission

reproduce the written project structure

copy the engagement process

use the illustrations, diagrams or visualisations

claim the concept or methodology as independently developed

Where material is marked confidential or supplied in circumstances importing an obligation of confidence, it must be kept confidential and used only for the agreed evaluative purpose.

Disclosure to councillors, employees, consultants, contractors, partner organisations, funders or other decision-makers must be limited to those who genuinely need to assess the proposal and must remain subject to equivalent restrictions.

No implied licence arises from disclosure.

14. Frameworks and Creative Methodologies

Janine Tonkin Art may develop original frameworks, project structures, educational models, artistic processes and documented methodologies.

Copyright does not protect an abstract idea or general method in isolation. It may protect the original written, visual, artistic and recorded expression through which that idea or method is developed and communicated.

Accordingly, no person may copy, reproduce or adapt protected framework documents, diagrams, text, illustrations, presentations, teaching materials or other original expressions without permission.

Nor may a person use confidentially disclosed know-how or materials outside the purpose for which they were supplied.

The following remain reserved where protected by law or contract:

framework names and brand identifiers

original written definitions

diagrams

programme structures

visual presentations

educational resources

project documentation

original terminology

artwork

illustrations

consultation documents

participation materials

evaluation materials

implementation guides

branded project formats

No organisation may present a copied or adapted version as its own methodology or commission another person to reproduce protected materials after receiving them from Janine Tonkin Art.

15. No Rights Through Meetings or Consultation

Attendance at a meeting, workshop, presentation, consultation or project discussion does not grant any ownership or licence.

Permission to view, discuss, receive, assess or consider any proposal, design, presentation, framework, methodology, concept or artwork must not be interpreted as permission to reproduce, implement, adapt or commercially exploit it.

Any licence must be expressly granted in writing and interpreted narrowly according to its stated purpose.

Murals, Public Art and Participation

16. Copyright in Murals

A mural remains a protected artistic work even when:

permanently painted on a wall

displayed in a public place

funded by a client

created for a council, housing association, charity or business

produced with community participation

publicly photographed

situated on property owned by another person

Unless copyright is expressly assigned in a signed written agreement, Janine Tonkin Art retains copyright in original mural designs and completed mural artwork created by Janine Tonkin.

Ownership of the wall or physical surface does not by itself transfer copyright in the artwork.

17. Client Use of Mural Images

Unless a separate written agreement provides otherwise, a mural client may photograph and reproduce images of the completed mural on a non-exclusive basis for:

internal records

project reporting

public information

community engagement

non-commercial publicity

press releases about the commissioned project

the client’s website and social media

funding and impact reports

The client must credit Janine Tonkin Art wherever reasonably practicable.

This permission does not include:

commercial merchandise

resale products

paid advertising unrelated to the project

branding another programme

licensing images to third parties

altering the artwork

extracting design elements

recreating the mural elsewhere

using the artwork to train artificial intelligence

claiming authorship or ownership

removing the artist’s credit

registering any part as the client’s trade mark or design

Commercial or extended use requires a separate written licence.

Janine Tonkin Art retains the right to photograph, film, publish and use commissioned murals and related project material for portfolios, websites, social media, exhibitions, publications, case studies, awards, promotion, teaching, licensing discussions and historical documentation subject to privacy, safeguarding and confidentiality obligations.

18. Community Participation

Community participation does not automatically transfer ownership of the overall design, mural, project identity or underlying Intellectual Property Rights.

Where participants contribute flowers, marks, words, drawings or other elements under Janine Tonkin Art’s creative direction, the project-specific participation notice or agreement will govern those contributions.

Unless different written terms are supplied, a participant who voluntarily submits a contribution for incorporation into a project grants Janine Tonkin Art a non-exclusive, worldwide, irrevocable, royalty-free licence to:

incorporate the contribution into the project

photograph and film it

reproduce it as part of the overall artwork

document and promote the project

include it in reports, exhibitions, portfolios, publications and social media

archive the contribution and project

This permission does not give Janine Tonkin Art ownership of unrelated work created independently by the participant.

Where a child or person unable to provide informed consent participates, appropriate consent must be obtained from a parent, guardian or authorised organisation in accordance with the applicable project terms.

Participant Contributions
Community participants are invited to contribute guided artistic elements that have been intentionally incorporated into the original mural design by Janine Tonkin. Janine Tonkin Art does not reproduce, enlarge or recreate original artworks created by participants, children or vulnerable adults as part of the mural unless a separate written agreement and all necessary permissions have been obtained. This approach protects the intellectual property of participants, maintains clear authorship of the commissioned artwork and supports good safeguarding practice.

19. Alteration, Destruction and Maintenance

The physical owner of a wall or artwork may have property rights affecting the site. However, copyright and moral rights may continue independently of physical ownership.

Clients should consult Janine Tonkin Art before materially altering, overpainting, relocating, restoring or reproducing a mural or public artwork.

Where reasonably practicable, Janine Tonkin Art should be given the opportunity to advise on restoration, repair or significant alteration.

Nothing in this Policy prevents a property owner from taking urgent action required for safety, law, maintenance or structural necessity.

Moral Rights and Attribution

20. Assertion of Moral Rights

Janine Tonkin asserts her right to be identified as the creator of her copyright works wherever that right applies.

Janine Tonkin also asserts her right to object to derogatory treatment of her work and all other applicable moral rights.

The Copyright, Designs and Patents Act 1988 recognises rights including identification as author and objection to derogatory treatment. The right to be identified may require assertion in applicable circumstances.

No waiver of moral rights is granted unless expressly stated in a signed written agreement.

21. Credit Requirements

Where permission is granted to reproduce Content, the user must provide the credit specified in the licence.

Unless otherwise agreed, the preferred credit is:

Artwork © Janine Tonkin / Janine Tonkin Art

For Wild, Wonder & Bloom™ material:

Wild, Wonder & Bloom™ © Janine Tonkin Art

For murals:

Mural by Janine Tonkin Art

Credit must be clear, legible and reasonably prominent.

Credit does not replace the need to obtain permission.

Failure to provide required attribution may terminate the licence and constitute a breach of the agreed terms.

22. Integrity of the Work

No Content may be altered, cropped, recoloured, animated, edited, filtered, distorted, overprinted or combined with other material in a way that damages its integrity, changes its meaning or harms the reputation of Janine Tonkin or Janine Tonkin Art.

Technical resizing or proportionate cropping may be permitted only where expressly authorised and where it does not materially alter the work.

No watermark, signature, copyright notice, metadata or attribution may be removed or obscured.

Website, Social Media and Digital Use

23. Website Content

Website access is granted for personal browsing and legitimate engagement with Janine Tonkin Art.

No website Content may be:

copied into another website

republished as another person’s text

scraped

harvested

downloaded in bulk

stored in a commercial database

translated and republished

used to create competing products or services

incorporated into templates

sold

sublicensed

used for automated analysis beyond what the law permits

presented as belonging to another person

Temporary technical copies made automatically as part of ordinary web browsing are not prohibited.

24. Social Media Sharing

Users may share links to original Janine Tonkin Art posts or use platform-native sharing tools.

A customer may post a personal photograph of a legitimately purchased product provided that:

Janine Tonkin Art is credited where reasonably practicable

the image is not used commercially

the work is not materially altered

the post does not imply sponsorship or endorsement

the photograph is not supplied to a third party for commercial use

Downloading an image from social media and reposting it as a standalone image requires permission unless permitted by law or the original platform function.

Posting Content online does not place it in the public domain and does not waive copyright.

25. Photography and Filming

Personal photography of publicly accessible mural work is welcomed where lawful and respectful.

Commercial photography or filming involving Janine Tonkin Art Content requires written permission where rights controlled by Janine Tonkin Art are engaged.

Commercial use includes:

advertising

product promotion

corporate campaigns

merchandise

paid publications

television and film production

commercial stock imagery

commercial social-media content

brand collaborations

image licensing

Press, editorial, academic and documentary users should request written permission and provide appropriate attribution.

All uses remain subject to applicable statutory exceptions and third-party property, privacy and filming requirements.

Artificial Intelligence and Automated Use

26. Express Reservation of Rights

To the fullest extent permitted by law, Janine Tonkin Art expressly reserves all rights in its Content in relation to:

artificial intelligence training

machine learning

generative artificial intelligence

text and data mining

model development

dataset creation

fine-tuning

embedding generation

style analysis

image synthesis

automated content extraction

computer vision training

prompt or reference libraries

synthetic-data generation

model evaluation

commercial research

No Content may be used for these purposes without a specific prior written licence from Janine Tonkin Art.

This prohibition includes the use of:

website images

mural photographs

social media content

product images

artwork files

books and publications

colouring pages

Creative Language descriptions

framework materials

proposals

affirmations

photographs

video

metadata

written content

The current UK text-and-data-mining exception is limited to qualifying non-commercial research involving lawful access. UK policy concerning AI and copyright remains under active development. This reservation therefore applies to the fullest extent allowed under the law in force at the relevant time.

27. No Style Replication Service

No person may use protected Janine Tonkin Art Content to create or market an automated system, prompt collection, model, filter, template or commercial service designed to imitate Janine Tonkin’s protected artwork or reproduce identifiable works, characters, compositions or brand assets.

This provision does not claim copyright ownership in an abstract artistic style. It protects the underlying works, brand identifiers, confidential materials and other legally protected expressions used to build, train, advertise or operate such a service.

28. Robots, Crawlers and Scrapers

Automated access is prohibited where undertaken to:

create or enrich training datasets

copy or index images for commercial reuse

extract framework materials

reproduce website text

develop competing products

bypass technical controls

remove copyright information

obtain high-resolution assets

facilitate unauthorised reproduction

Search engines may crawl publicly available pages solely for conventional search discovery where they comply with applicable technical instructions and do not reuse Content for prohibited purposes.

29. Product Artwork

Artwork printed or incorporated into a product remains protected.

Purchasing apparel, prints, stationery, homeware or other products supplied through Shopify, SumUp, Teemill, Printumo or another platform does not grant reproduction or manufacturing rights.

Products may not be:

copied for resale

scanned

reverse engineered

reproduced by another manufacturer

used as design templates

photographed for competing commercial listings

relabelled

converted into digital files

used as source material for print-on-demand products

incorporated into another commercial collection

30. No Commercial Exploitation Without a Licence

Prior written permission is required to use Content in connection with:

merchandise

advertising

packaging

publishing

broadcast

film

television

commercial exhibitions

promotional campaigns

clothing

textiles

homeware

greeting cards

stationery

educational products

commercial workshops

apps

games

digital products

NFTs or blockchain products

brand collaborations

fundraising products

commercial interiors

corporate reports beyond an agreed project licence

Permission for one use does not authorise any other use.

31. No Registration by Third Parties

No person may apply to register or claim ownership of any Janine Tonkin Art Content or confusingly similar material as:

a trade mark

a registered design

a domain name

a company name

a social-media handle

a copyright registration in another jurisdiction

a digital asset

an NFT

a brand identity

any other proprietary right

Any unauthorised application must be transferred, withdrawn or cancelled at the applicant’s expense where legally recoverable.

Licensing and Permissions

32. Written Licences

A licence is valid only where granted or confirmed in writing by Janine Tonkin Art.

A licence may specify:

the particular work

permitted purpose

media

territory

duration

number of reproductions

permitted platforms

exclusivity or non-exclusivity

credit wording

licence fee

approval requirements

alteration restrictions

reporting obligations

termination rights

Unless expressly stated otherwise, every licence is:

limited

non-exclusive

non-transferable

non-sublicensable

revocable for material breach

restricted to the stated purpose

Silence, informal discussion or previous tolerance does not create a licence.

33. Approval Rights

Where a licence involves publication, products, advertising, substantial editing or commercial presentation, Janine Tonkin Art may require approval of:

proofs

layouts

samples

colours

product quality

accompanying text

attribution

marketing materials

final production files

Approval of one version does not approve later variations.

34. Third-Party Fulfilment and Manufacturing

Janine Tonkin Art may authorise selected suppliers such as Printumo, Teemill and other production or fulfilment partners to reproduce artwork solely to manufacture and fulfil authorised Janine Tonkin Art products.

Such production access does not transfer ownership.

No customer, platform user or third party acquires rights merely because a platform produces or fulfils an item.

Permitted Use and Legal Exceptions

35. Personal Use

A lawful purchaser may:

own and display the physical product

enjoy it privately

give the physical product as a gift

resell the genuine physical product where permitted by law

share a personal photograph in accordance with this Policy

Personal use does not include reproduction, commercial publication or product manufacture.

36. Statutory Exceptions

Nothing in this Policy is intended to prevent use that cannot lawfully be restricted including applicable copyright exceptions such as fair dealing for criticism, review, quotation, news reporting, parody, caricature, pastiche, research or education where the legal requirements of the relevant exception are genuinely satisfied.

A copyright exception is not a general permission to copy. Its application depends on the purpose, fairness, amount taken and other statutory conditions. UK guidance confirms that copyright rights remain subject to defined exceptions.

Where acknowledgement is legally required it must be provided.

Infringement and Enforcement

37. Reporting Suspected Infringement

Suspected infringement or misuse may be reported to:

Janine Tonkin Art
Email: [email protected]
Website: janinetonkin.com

Reports should include:

the work concerned

the location of the suspected infringement

screenshots or photographs

relevant dates

contact details

any available supporting information

A person who believes Content published by Janine Tonkin Art infringes their rights should provide equivalent information so the matter can be investigated.

38. Enforcement

Janine Tonkin Art reserves the right to investigate and enforce its Intellectual Property Rights.

Depending on the circumstances this may include:

requesting removal

issuing a formal cease-and-desist notice

notifying a platform or hosting provider

submitting a copyright takedown request

requiring attribution

requiring destruction or delivery up of infringing items

requiring disclosure of manufacture, sales and distribution information

seeking payment of a reasonable retrospective licence fee

claiming damages or an account of profits where available

recovering legal costs where permitted

seeking an injunction or other court order

opposing or challenging unauthorised trade mark or design applications

referring deliberate infringement to appropriate authorities where relevant

An attempt to resolve a matter informally does not waive any right or remedy.

Failure to enforce a right immediately does not prevent later enforcement.

39. Preservation of Evidence

Where infringement is suspected, Janine Tonkin Art may preserve evidence including:

screenshots

web archives

photographs

correspondence

publication dates

source files

sketches

metadata

invoices

witness evidence

proposal records

meeting notes

project timelines

No person notified of a suspected infringement should conceal, destroy or alter relevant evidence.

40. Retrospective Licensing

Where Content has been used without permission, Janine Tonkin Art may offer a retrospective licence at its discretion.

Any retrospective licence fee may reflect:

the nature and duration of the use

commercial reach

exclusivity

lack of prior approval

missing attribution

administrative and enforcement costs

damage to licensing value

any additional legal remedies available

Offering a retrospective licence does not acknowledge that the original use was lawful.

General Provisions

41. No Waiver

Permission granted on one occasion does not grant continuing permission.

A failure or delay in enforcing any provision does not constitute a waiver.

42. Severability

If any provision of this Policy is found invalid or unenforceable, the remaining provisions continue to apply.

Any invalid provision will be interpreted or reduced only to the extent necessary to make it lawful and enforceable.

43. Governing Law

This Policy and any non-contractual obligations arising from it are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction subject to any mandatory rights or jurisdiction rules that cannot lawfully be excluded.

44. Changes to this Policy

Janine Tonkin Art may update this Policy to reflect changes in the business, creative practice, technology or applicable law.

The version published on the website at the relevant time will apply to website use from that date.

Changes do not retrospectively transfer rights or alter a signed agreement unless the parties expressly agree in writing.

45. Contact for Permissions and Licensing

For copyright permissions, licensing, publishing, commercial use, press enquiries or collaborations contact:

Janine Tonkin Art
Email: [email protected]
Website: janinetonkin.com

Please include:

the work you wish to use

the intended purpose

the format or product

expected audience or circulation

territory

duration

whether the use is commercial

your proposed publication date

No use is authorised until written permission has been granted.

Copyright © Janine Tonkin / Janine Tonkin Art. All rights reserved.

Wild, Wonder™ and Wild, Wonder & Bloom™ are trade marks claimed and used by Janine Tonkin Art