Форум по искусству и инвестициям в искусство

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-   -   There is an idea associated with the art (https://forum.artinvestment.ru/showthread.php?t=10936)

Кирилл Сызранский 08.12.2008 13:30

Цитата:

Сообщение от sss (Сообщение 133436)
Museums, publishing works (postcards, etc.) within 50 (I think) years after his death, his heirs pay money for each publication.

It is Russia's practice, you are about our museum and royalties to the heirs?

sss 08.12.2008 14:50

Цитата:

Сообщение от Cyril Syzransky (Сообщение 133506)
It is Russia's practice, you are about our museum and royalties to the heirs?

And about our, including. Anyway, with regards to Deineko, Nalbandian, Glazunov - exactly. But Malevich, seemingly not much to publish. Western holders tried to claim, but we forgave them these misunderstandings, referring to the difference in laws. True, not much abused. Note that in our publications published some Impressionist paintings (from our museums), and in the western - others.
In Soviet times for each song in the play performed by the provincial theaters, the authors of songs contributed. This was done by committee for the Protection of buses. rights. Despite the fact that our "copyright" are very different from the international, adhered strictly enough. Moreover, the statute of limitations was distributed, almost to infinity.
Members of the SC had fought to get the order for registration of children's books (circulation of 3 million pcs.) And gets pleasure (in rubles). No less than children, especially if the book reprinted a dozen times and translated into other languages.

Кирилл Сызранский 08.12.2008 15:54

iosif, you still give photo essay about Sapunkove in the Manege.
All interesting. And compare with what you have already testified.
http://forum.artinvestment.ru/showthread.php?t=5245

dedulya37 08.12.2008 16:56

Цитата:

Сообщение от sss (Сообщение 133636)
Moreover, the statute of limitations was distributed, almost to infinity.

And here you are wrong.
In the Soviet era (right) for all monitored VAAP (All-Union Copyright Agency) on Bronnaya Street and take with the authors 7%for their "spying". No printing facility could not print any image without the "good" VAAP.
Copyright extends to writers - 30 years, artists - 20 years.
He made all of 50 years, and in the latest edition of the law - 70 years.
I'm not going to talk about musicians who do not know, but they have their zamorochki quite complex.
Now we have to perform and "droit" and the role VAAP want to perform commercial structures (know what), as well as well-known to you Kollern Matthew Bown. According to him, in England, three companies have received such a license including the company Bown.
The forum has discussed the right to succeed and interest deductions, you can read.

iosif 08.12.2008 18:12

Cyril Syzransky, I have repented Well, that did not take off in the Manege. Himself a shame: (

Liana, thank you very much for your advice. Well, even though the exhibition in the UN Information Center, we filmed. In February, there will also be the following: "Women's Images in the work of I. Sapunkova" - then otsnimu all necessarily.
A general law - this is terrible. Particular style of legal texts.

Allena 08.12.2008 18:40

Цитата:

Сообщение от iosif (Сообщение 134126)
this is awful. Particular style of legal texts

Iosif Three trains with honey on the editor's heart! Thank you!

Glasha 08.12.2008 20:44

Allena, tidy with railway trains! -from the trains have not yet departed.
And so, too, agreed at the fifth-line start somewhere to pull off .. (and without the steam engine))

Allena 08.12.2008 21:29

Цитата:

Сообщение от Gala (Сообщение 134406)
Allena, tidy with railway trains! -from the trains have not yet departed.

So because trains are not just with honey: shy: - with my favorite, chestnut! And trains brought honey - and good-bye!: P

sss 09.12.2008 00:21

Цитата:

Сообщение от LCR (Сообщение 133496)
But if the work had never been shown, theoretically, holders may require the removal from the exhibition and its destruction, for example, its reproduction in the catalog of this exhibition, and I confess that when I wrote my message, I had in mind precisely this situation.

I perfectly understood what was discussed in your message, just explained that there are no misunderstandings.

And, this is strange: «In the case of already released a picture - at least in France - the rights holders can not prevent its publication by a third person, they can only seek monetary compensation ...»
Perhaps we are talking about the publication for informational purposes. Otherwise, the question arises: the place of publication, Circulation, amounts, dates, etc. on the fact of what happened.
You can ride a one-time publication of the image so that it will long be used by any other potential buyers. Question arises profits.
The artist, in 20 years, wrote a scene that he himself badly ndravilas, but ten years later, became annoying. Surely he has no right to prohibit its publication (play) just because it was published, and is doomed for life to blush for a fee? Once, not just the French. Although the possibility gulnut once in 2-3 years for 18-20 euro - tempting.

Цитата:

Сообщение от dedulya37 (Сообщение 133976)
And here you are wrong.

Perhaps, but I said, «almost not to infinity.
-------------------------------------------------- -------------------------------------------------- ------------
«... In addition to formal observations of Art. 498 raises the question of there exists ¬ stvu: how and why in the field of copyright, are urgent, and now has a provision stipulating that the copyright yuri ¬ briefs persons shall be valid indefinitely? ...
-------
... So, should clarify Part 1 of Art. 481 CC, finding that the EU ¬ Does the author specify the person to whom he entrusts the protection of the integrity of his works after his death, it exercises its discretion not to «life", as stated in the law ¬ datelstve , and "life, but within the validity of the copyright.
---------
Renewal and early termination of the term of protection. In practice, sometimes there is a the possibility of extending the term of copyright. He rises or heirs, either by user organizations in cases where, for example, works of a deceased author's starting to be used extensively until the end of the term of protection when the planned publication of collected works, etc. "
--
Gavrilov, EP
Terms of copyright on the Soviet
law /E. Gavrilov.
/Jurisprudence. -1977. - № 1. - S. 29 - 38

-------------------------------------------------- -----------------------------------------

Читать дальше... 
In the 10-25-year terms were tricks that allow, under certain manipulations that transform into perpetuity. There was some confusion with the related rights, the rights of citizens and organizations, economic and moral, etc.
With repressed by the authors do not know what to do, Toli forget about them, Toli confer rights from next year after a year of full rehabilitation. It turned out that some public works retroactively became protected.

In any case, the uniqueness of the introduction of "50 (70, thanks for the clarification) years after the death of the author" (and not from the first-last publication, previously promulgated, unpublished; lifetime, posthumous) allowed publishers to properly orient in space and time .

In addition to the protection of the rights of authorship VAAP engaged and creative unions (Union of Artists, writers, composers ....).

In short, not so simple. There was a quiche-mis in the republican laws, that my head will break. Composer of the Kyrgyz Republic, a poet from Estonia and the singer from Georgia protected in different ways, it is true yet I still guarded properly. Here, from the same place:
---
«The ability to set specific dates for the above categories of products used, not all Soviet republics, in particular, it is not envisaged in the legislation of the RSFSR, Ukraine, Armenia, Belarus, Kyrgyzstan, Latvia, Lithuania, Tajikistan, Turk ¬ menii and Estonia. Hence, there is photographic works and works of applied art shall be protected throughout the life ¬ or author and 25 years after his death.
In Azerbaijan, photographic works and works of applied art are protected for 10, Moldavia and Uzbeks ¬ camp-15, Georgia - 20 years. In Kazakhstan, the specific terms set only for photographic works (10 years) and for collections of photographs (15 years). Specific dates are calculated from the date of the publication categories of works considered by them to reproduce ¬ Denia, ie, apparently, for the photographs, since they were placed in the ne ¬ chutney production, and for works of applied art - from the mo ¬ ment, or their reproduction in printed or circulation ¬ tion in the industrial product. "
Gavrilov, EP

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iosif, knowing your love for the legal terminology, I apologize for having spread such a mess in your post.

LCR 09.12.2008 00:41

Цитата:

Сообщение от sss (Сообщение 134726)
And, this is strange: «In the case of already released a picture - at least in France - the rights holders can not prevent its publication by a third person, they can only seek monetary compensation ...»
Perhaps we are talking about the publication for informational purposes. Otherwise, the question arises: the place of publication, Circulation, amounts, dates, etc. on the fact of what happened.

Yes, of course, it is a publication for informational purposes.

Цитата:

Сообщение от sss (Сообщение 134726)
artist in 20 years, wrote a scene that he himself badly ndravilas, but ten years later, became annoying. Surely he has no right to prohibit its publication (play) just because it was made public, and is doomed for life

Certainly, the artist may prohibit display and piublikovat picture, which ceased to meet. He may even come to visit its owner, and rewrite it - such was the case:)

But his successors are no longer able to prohibit display or publish the already released a picture of the absence of clear indication of the artist himself (a testament, letters, diaries, etc.).


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