Payments to artists and their families in sales
 

Yesterday communicated with the artist's son, and he said an amazing thing for me. What has already been adopted or adopted a law that after any public sale (eg auction), the buyer should a percentage of list relatives or the artist himself, if alive.
Who knows the details?

Droit de suite, right route
 

Konstantin,
thing called Droit de suite, droit de suite, droit - the equity of the author and heirs. There are many countries, but conditions are different. The point - after the public resale, no matter how many times, heirs or living artists are paid a percentage of the transaction. And in Russia's legislation is very significant. Interest in the topic is particularly increased, as has been recently adopted a government decree number 285 of 19 April 2008, governing the payment of the authors and heirs. Nuance - what is it with public deytsivet preprodazhe. Osoenno, when all cards are revealed (for example, the transaction price at the auction). The right route, incidentally, very long - years, almost 70 years following his death. I know that in the magazine The Director-info on this topic is now preparing a "legal" paper artinvestment soon to be published.

An interesting sign on deductions. That's something like this:

Resale price of the original works of fine art, the author's manuscript (autograph), literary and musical works, thousand rubles. /Remuneration

Up to 100 inclusive 5%
More than 100 to 1 700 inclusive 5 thousand rubles. 4%of the amount exceeding 100 thousand rubles.
More than 1 700 to 7 000 including 69 thousand rubles. 3%of the amount in excess of 1 700 thousand rubles.
Over 7 000 to 12 000 including 228 thousand rubles. 1%of the amount in excess of 7 000 thousand rubles.
Over 12 000 to 17 500 including 278 thousand rubles. 0,5%of the amount in excess of 12 000 thousand rubles.
Over 17 500 305.5 thousand rubles 0,25%of the amount in excess of 17 500 thousand rubles.

More than 1 700 to 7 000 including 69 thousand rubles. 3%

Do not understand mathematics. If ot1700 to 69 OOO is 7000 and pay 3%?

In the EU, the artist had already deducted a certain remuneration for each public sale of his paintings, and as to his successor, they will have to wait, the 20011, as well as auction houses and have asked for a postponement.
Incidentally, on the sites of many auction houses specify which pictures have to pay this fee.

Konstantin,
I knew that all confused:) The first column shows the amounts in thousands, that is, get literally.
With the price works in the range of 1 700 000 7 000 000 rubles "royalties" by 69 thousand rubles. 3%of the amount in excess of 1 700 000 rubles.

It looks like the symbol of droit de suite in the auction catalog?
 

Soon advertised my article even link will be provided for a specific EU directive on this topic. The catalogs lots, subject to the droit de suite observed a special character, so I just forgot how it looks:) Who will remind?

Here I bought such a picture of a Mexican. And where do I look for relatives? And who is behind these monitors? And honestly searched and not found?

Konstantin, as well, you bought it at auction? auction and keeps the commission. And in the galleries are not as formal.

Do not worry, Konstantin, those searches took himself auction house, which you pay the required amount, and which sends its successors.

Concerning the symbols, for example, MacDougall, a sign of this section:

§ Indicates Artists Resale Right applies.

I can not reproduce here the symbol used by the Sotheby's, so I refer you to the appropriate page of their site.

http://www.sothebys.com/app/live/sha...e_lot_id = 310

At Bonhams, frankly, I did not find this symbol, tomorrow look in more detail:)

I hasten to reassure the successor, in order to avoid panic: will have to wait much less than I wrote here, just before 2011: o

But interesting. If we have this law did not exist before, but now it is accepted, as we have always happens, the heirs will be able to claim deductions and with all previous sales, carried out before the introduction of the law? In any case, they probably will try to do so and will through the courts to sue the auctions, galleries and other vendors. Funny can get. Although the defendants, I think, would be no laughing matter.

Konstantin, looking for the owner of his relatives will not need you, and gallery or auction, that is, the seller, who received the money. Buyer is generally not worried about it just being overcharged, and Heir is not engaged.

and now in the commission's leading auction houses have already been included compensation entitlement. That is, if I pay a commission of 20%of the value of work, part of this amount, the auction lists the heirs or directly to the author?

Article about Droit de suite in Russian
 

http://www.artinvestment.ru/invest/2...thor_part.html
Article about Droit de suite in Russian

I tried to understand the EU convention on the equity participation of authors of works of art (droit de suite).

It has been regulated by Directive 2001/84/CE of the European Council and Parliament on 27.10.2001 (http://www.conseildesventes.com/cata..._pro_intel.pdf - text of the Directive).

Right to equity belongs to the artist for life, after his death, his successors enjoyed them for 70 years from the date of death of the author.
However, each country - a member of the EU may decide to waive this right if the seller is a work of art bought directly from the author less than 3 years before resale, and the price of this product does not exceed 10,000 euros.

This directive applied to the beginning of 1.01.2006 in relation to the artists. With regard to the successor, the "countries - EU members, which so far this equity does not exist, have the right not to apply it to the city of 1.01.2010, and then can get more additional period of 2 years subject to justification."

Each country can independently determine the minimum price of works of art, from which deductions are made, but the price can not exceed 3000 euros.

The artist receives from 4%to 0.25%of the selling price of the painting (there are 5 tranches). This equity participation may not exceed 12,500 euros.

Coming from countries outside the EU, may receive this equity, if the laws of his country recognizes the right of it for the authors of the EU.

Person imeeyuschee right to equity, may, within 3 years after the sale of paintings require any professional art market any information they need to get equity.


Here, if this information to anyone and interesting, rather then the artists and their successors, but I thought that they, too, perhaps, look at this site:)