Resale Royalty

[Пар-И]

Dear forum users want to hear your opinion about this law:
"In the case of expropriation, the author of the original works of fine art at each public resale of the original, which as a seller, buyer or broker participating gallery of fine art, artistic, in a shop or other similar organization, the author is entitled to receive compensation from the seller in the form of interest royalties from the resale price (resale royalty). The size of interest deductions, as well as the conditions and procedure for their payment are determined by the RF Government. " Article 1293 Civil Code
Someone paid the artists or their heirs. though small amounts of their fees from pereprodazhi.Ya think this is a very nice gesture of goodwill towards the artist.
Present work-is his first sale.

[NATA NOVA]

Сообщение от Par-I

I think this is a very nice gesture of goodwill towards the artist.

But as an artist will be pleased!
He may have forgotten to think, and here: on, you, a penny! A trifle, (and maybe not a trifle! But nice!
 And besides, the artist will know where his work is ..
And if the law will work? That would be good!

[LCR]

Сообщение от steam-I

Dear forum users want to hear your opinion about this law:
"In the case of expropriation, the author of the original works of fine art at each public resale of the original, which as a seller, buyer or broker participating gallery of fine art, artistic, in a shop or other similar organization, the author is entitled to receive compensation from the seller in the form of interest royalties from the resale price (resale royalty). The size of interest deductions, as well as the conditions and procedure for their payment are determined by the RF Government. " Article 1293 Civil Code
Someone paid the artists or their heirs. though small amounts of their fees from pereprodazhi.Ya think this is a very nice gesture of goodwill towards the artist.

In the case of public sale by auction (the auction) to avoid this payment is not possible, and even greedy MkDugally forced to transfer the money the artist, can you imagine?
However, the money is paid out of pocket not the auctioneer and the purchaser of the work (for this on the all auction houses have a special link), I am sure that the above-mentioned Russian-Canadian couple spent a lot of time looking for opportunities to pocket this money, and their law-abiding explained simply simply the fear of sanctions
I think that in Russia at an auction situation is similar.
As I have previously mentioned, prior to January 1, 2011 droit successors in the UK, the Netherlands, Austria and Ireland are not paid.

With sales through the gallery situation is unclear, especially in Russia. Some time ago I asked the head of one of the companies offering their services to collect this reward, the question of how are they going to track sales in galleries, but still have not received intelligible (or other) reply.
So subscribe to your question, A steam-and, and I will be glad to any explanations.

[Пар-И]

Сообщение от Par-I

Someone paid the artists or their heirs. though small amounts of their fees from the resale

And Silence ....

[Пар-И]

Сообщение от Maroussia

Donations (contract) and the sale (contract) - is, as they say in Odessa two blshie difference!

Extract from the comments to the law: the transition of ownership of prizvedeniya fine art from the author to another person means the first resale of this product, and then enter the author's right to a share of income from each public resale.

[LCR]

This is the transition of ownership of the thing - on a reimbursable or non-reimbursable basis. What are BW nor were the conditions of this transition, with all posleduschih selling author of a work or his successors (in Russia and the EU, with the exception of 4 countries listed above) is assumed to pay the resale royalty. So in this case it does not matter, painting was donated or purchased.

However, the very gift or sale by the author of his work is not a resale.

In other words, the resale royalty due when the owner of the picture which is not its author, sells it under specified conditions (or auctioned through the gallery, etc.)

[NATA NOVA]

Сообщение от Maroussia

The Act is relevant to the public resale

It says "alienation" .. a donation is also "alienation" ...

[Пар-И]

Сообщение от Maroussia

not an artist

here and clearly written transfer of ownership rights from the author to another person. If the author has presented the work, thereby passing this provi property litsu.Esli he gave and did not sell the provi ownership of a work of fine art shall remain with the author

[LCR]

Сообщение от Maroussia

Dear LCR!
The original deal with the work done by the artist and this is his absolute right to: sell, donate, discard, or destroy, as his heart's content. In the extreme case, with the sale, he will pay income tax.
Resale Royalty apply to all subsequent transactions, which makes not an artist, and the owner, to whom the painting was a gift, which he bought from the artist, or that found in the garbage. When such an owner decides to sell the painting in public, ie at auction or through a gallery, then such public seller (auction house or gallery LLC) are required to pay the resale royalty the artist or his heirs. Typically, these 5%are laid in the amount of sales, so that they actually paid by the buyer.
And how the auction house or gallery, this time as agents, are calculated with the artists and their heirs are ... another question

Yes, daughter, you are absolutely right.
So I wrote, judge for yourself:

Сообщение от LCR

In other words, the resale royalty due when the owner of the picture which is not its author, sells it under specified conditions (or auctioned through the gallery, etc.)

I do not really understand how they could write in a commentary by the author that the transfer of ownership of their work to a third party is considered to be the first resale, it is very strange and does not correspond to reality.

[Пар-И]

Сообщение от Maroussia

And on the subsequent sale (public!) And mentioned by you are governed by Zach

A very accurate observation fully agrees